
*> JT‘ vWUfM fi * VV »>u! *H4 ^>- 

>w>v#.fW»»fU-'y *><** 

\ \*n 

Jit nr,* i • t>m-i 


In>H J 'V-'jr*;•■«*«/V! 

■••'f'wwv r'i'f •»*••• • - i'p rH ft r'^’5f v *ti 'Tf 1 

f>*4ir.JV^v|>>V«V-»' ' ' ■■• 

V ( f rt 'tivyh\w **V<r • Ha > > f >W 












Kff - • 
v> • 


*1 Wm 




'rfl 







I .«t'*i . } i 





!v.. ...i mwi ;h. us» 

■ 

' •-• •*.»:» •’» «-' »•;•;•'•-..» l-‘i 

1,4! tf'Jf*. . -H-H* -*»p *i M ».«*.•••» •'•<• •■'■ • »' • ' %*■■.<'• I i'-t\\;i'i'- 
’ f-df: « : 7 . f .*! » I »■„(. 


, n Pff 

itWjttn • .... .. . . . 
r t rt*™*. M tft *» - 

'irami g»$wi 




Hi *«■1 ’ • ’ 7*7 .TASiTiY !■*? 

,i, ; '(■ . • • • .'.i* '.*• J >*il •■«»«; **H» l ."t« ■•' iii,i 1 

•••),'■ i- . • • •• • •! ,;i i 

«< • ... • .-.i .<.3 

. i ' . . • : •,-.»• . •< 1-4. .*».••:/?« .#WM 



hh£ 




».**-* r* r* 


* ww 













& 







gw 


trnvftFi• *i ’’H’h* / 
»W(Hi 1 llwW J 

. >1. »v. 'i. . 


mr 



jwJjM, 4 
1 •¥*>* 
‘>r VwAHHlctH 
i>i vWnwr#'^ 

li L. 





































































































































































































































































































































































Gass 

Book -. ,QrtM. l 
Cojpght N ° j . 

COPYRIGHT DEPOSIT. 

* 




































nportant Notice: If you are in a HURRY , always read the 
;avy faced type, and the marginal notations FIRST. 

See other side of this cover. 

The 

Quick Reference 

Election Laws 

OF 

California 

19X3 and 1914 


Including 

Naturalization and other Laws of the 
United States relating to 
Citizenship 


Compiled and Published by 
THB MYSELL-ROLLINS CO, 
San Francisco 
1914 





SUPPLEMENTAL INDEX TO 
SUBJECTS WILL BE FOUND ON THE FOLLOWING 

PAGES. 

Pages 







.333 

Ballots (General and Special Elections). 






.136 

” (Presidential Primary Elections) . 






.294 

** ifP'Hma.rtr ‘RlAA'HmicI 






.170 








’* (The Direct Primary Law) ... 






.254 

■Rnards nf YUflAtinrs 






.130 

■Rrmlfivarrl THstrict..*? 






.408 

Campaign Expenses.... 





...254, 

302 

Candidates, ..... 

.138, 

220, 

254, 

294, 

302, 

338 

Challenge of Voter .. 






.156 

rinrtn nf fHviT "PrncfidvirA 






.244 

Consolidation of Elections .. 






.302 

Constitution of the State ... 






. 34 

Contests, . 





.244, 

254 

Delegates ... 





.254, 

294 

Direct Primary Law, .. 






..254 

Election Officers, How to Canvass and Return 

the 

Vote. 




.160 

Government of Counties .. 






.220 

Highways ...... 






.408 

Initiative and Referendum .. 






.338 

Irrigation Districts .... 






..422 

Library Districts ... 






..392 

Lighting Districts ...... 






..408 

Local Option . 






..364 

Laws of the United State That Govern . 






.. 3 

Miscellaneous Districts ... 







Municipal Annexation Act . 






..338 

” Corporations, (Classification of) .... 






..302 

** (Organization of) .... 






..302 

Naturalization Laws .. 







Nomination ... 


..136, 

220, 

254, 

■ 294, 

338 

Party Conventions ... 






294 

Penal Code Sections . 







Permanent Road Divisions ... 







Polls, Opening and Closing Time . 







Recall of Elective Officers ... 







Reclamation Districts .. 






422 

Road Divisions . 






919. 










































/mportSflt Notice: If y° u are i * 1 a HURRY, always read the heavy faced type 

and the marginal notations FIRST. 


v/ 

Quick 

Election Laws 

OF 

California 

1913 and 1914 / 


The 

Reference 


f7T 


Including 

Naturalization and other Laws of the 
United States relating to 
Citizenship 


/ 


Compiled and Published" by 
THE^MYSELL-ROLLINS CO. 
San Francisco 
1914 




% 










COPYRIGHT 1914 
THE MYSELL-ROLLINS CO. * 



4 


, f- 

© Cl. A 3 7 6 !) 3 8 V 

m 101914 1 




CONTENTS. 


Page 

CODE SECTIONS NUMERICALLY ARRANGED . I. 

NEW ACTS, AMENDMENTS TO CODE, ETC., RELATIVE TO ELECTIONS.III. 

CONSTITUTION OF THE UNITED STATES WITH REVISED STATUTES 

RELATIVE TO CITIZENSHIP AND ELECTORS . 3 

NATURALIZATION LAWS AND REGULATIONS . 11 

CONSTITUTION OF THE STATE OF CALIFORNIA; SECTIONS RELATING 

TO PUBLIC OFFICES AND ELECTIONS. 36 

l 

POLITICAL CODE; EXTRACTS THEREOF, RELATING TO ELECTIONS, 

PUBLIC OFFICES AND POLITICAL SUBDIVISIONS. 71 

PERSONS COMPOSING THE PEOPLE OF THE STATE.72-3 

SENATORIAL DISTRICTS . 75 

ASSEMBLY DISTRICTS . 87 

CONGRESSIONAL DISTRICTS .103 

LEGISLATIVE OFFICERS .„.105 

TIME OF HOLDING ELECTIONS . 107 

ELECTION PROCLAMATIONS .108 

MISCELLANEOUS PROVISIONS .109 

BOARDS OF ELECTION COMMISSIONERS .110 

QUALIFICATIONS AND DISABILITY OF ELECTORS.114 

REGISTRATION OF ELECTORS .115 

QUALIFICATIONS FOR REGISTRATION . 120 

ELECTION PRECINCTS .*.130 

BOARDS OF ELECTION ._.132 

OPENING AND CLOSING THE POLLS .135 

POLL-LISTS. TALLY-LISTS .136 

BALLOTS AND ELECTION TICKETS . 137 

BALLOT LAW .141 

VOTING AND CHALLENGES .157 

CANVASSING AND RETURNING THE VOTE . 161 

CANVASS OF RETURNS—DECLARATION OF RESULTS, CERTIFICATES 

OF ELECTION, ETC.166 

ELECTION FOR ELECTORS OF PRESIDENT AND VICE-PRESIDENT.170 

ELECTION FOR MEMBERS OF CONGRESS .172 

ELECTION FOR REPRESENTATIVES TO CONGRESS.173 

PRIMARY ELECTIONS . 174 

SCHOOL DISTRICTS .176 

RECLAMATION DISTRICTS .213, 455 

ROAD DIVISIONS .213 




































CONTENTS. 


Page 

THE GOVERNMENT OF COUNTIES .221 

PENAL CODE. 

SECTIONS RELATING TO CRIMES AGAINST THE ELECTIVE FRANCHISE.235 

CODE OF CIVIL PROCEDURE. 

PROCEEDINGS OF A CIVIL NATURE RELATING TO ELECTIONS.246 

STATUTES AT LARGE. 

GENERAL LAWS OF THE STATE RELATING TO 
POLITICAL SUBDIVISIONS AND ELECTIONS. 

THE DIRECT PRIMARY LAW . 255 

PRESIDENTIAL PRIMARY ACT . 295 

CANDIDATES’ EXPENSES .290 

CONSOLIDATION OF ELECTIONS . 302 

VOTING MACHINES ...'..304 

MUNICIPAL CORPORATIONS. 

CLASSIFICATION OF .322 

ORGANIZATION OF .324 

OF THE FIFTH CLASS, GENERAL PROVISIONS RELATING TO.331 

OF THE SIXTH CLASS, GENERAL PROVISIONS RELATING TO.335 

INITIATIVE AND REFERENDUM ...339 

ANNEXATION ACT OF 1913 343 

RECALL OF ELECTIVE OFFICERS .362 

MUNICIPAL ANNEXATION ACT OF 1913 ....351 

PUBLIC UTILITY DISTRICTS .365 

PUBLIC UTILITIES .376 

LOCAL OPTION . 385 

APPENDIX. 

SCHOOL DISTRICTS ..393 

SCHOOL LIBRARY DISTRICTS .397 

LIBRARY DISTRICTS .402 

HIGHWAYS . 408 

BOULEVARD DISTRICTS .412 

LIGHTING DISTRICTS .419 

IRRIGATION DISTRICTS .422 

OTHER SPECIAL ELECTION DISTRICTS . 455 

GENERAL INDEX . 457 

SUPPLEMENTAL INDEXES . 3 to 422 * 































Page 

71 

72 

72 

72 

73 

73 

73 

73 

75 

87 

104 

105 

105 

105 

105 

105 

106 

106 

106 

107 

107 

107 

107 

108 

108 

108 

10S 

109 

109 

109 

109 

109 

109 

109 

110 

110 

110 

112 

112 

113 

113 

114 

114 

114 

115 

115 

117 

118 

119 

120 

124 

124 

124 

125 

125 

125 

126 

126 

126 ' 


Page 

171 

171 

172 

172 

172 

172 

172 

172 

172 

172 

173 

173 

173 

173 

173 

173 

173 

173 

174 

171 

175 

175 

176 

177 

178 

178 

179 

179 

ISO 

180 

180 

181 

181 

181 

181 

181 

182 

182 

182 

182 

182 

182 

183 

192 

192 

193 

193 

193 

193 

194 

195 

196 

196 

198 

199 

200 

200 

201 

202 

204 


CALIFORNIA ELECTION LAWS 


INDEX TO 

SECTIONS NUMERICALLY AREA] 


POLITICAL CODE. 


Section. 

Page. 

1109 

126 

1110 

126 

1111 

126 

1-112 

127 

1113 

127 

1115 

127 

1116 

127 

1117 

128 

1120 

128 

1121 

128 

1127 

130 

1128 

130 

1129 

131 

1130 

131 

1131 

131 

1132 

131 

1133 

132 

1142 

132 

1143 

134 

1144 

134 

1145 

134 

1146 

134 

1148 

134 

1149 

134 

1150 

134 

1151 

134 

1160 

135 

1162 

135 

1163 

135 

1164 

135 

1174 

136 

1175 

136 

1185 

137 

1188 

137 

1191 

138 

1192 

138 

1195 

138 

1195a 

139 

1196 

140 

1197 

141 

1198 

149 

1199 

149 

1200 

149 

1201 

149 

1203 

150 

1204 

151 

1205 

152 

1206 

153 

1207 

153 

1208 

153 

1209 

154 

1210 

154 

1211 

155 

1212 

156 

1213 

156 

1214 

156 

1215 

156 

1216 

157 

1224 

157 

1229 

157 


Section. 

Page. 

1230 

157 

1231 

158 

1232 

158 

1233 

158 

1234 

159 

1235 

159 

1236 

159 

1237 

159 

1238 

160 

1239 

160 

1240 

161 

1241 

161 

1243 

161 

1252 

161 

1253 

161 

1254 

161 

1255 

162 

1256 

162 

1257 

162 

1258 

162 

1259 

163 

1260 

163 

1261 

163 

1262 

163 

1263 

163 

1264 

164 

1264a 

164 

1265 

164 

1266 

165 

1267 

166 

1268 

166 

1278 

166 

1280 

166 

1281 

167 

1281a 

167 

1282 

167 

1283 

168 

1284 

168 

1285 

168 

1286 

168 

1287 

168 

1288 

169 

1289 

169 

1290 

169 

1291 

169 

1292 

169 

1293 

170 

1294 

170 

1295 

170 

1296 

170 

1297 

170 

1307 

170 

1308 

170 

1309 

170 

1310 

171 

1311 

171 

1312 

171 

1313 

171 

1314 

171 














II CALIFORNIA ELECTION LAWS ^ 


INDEX TO 

CODE SECTIONS NUMERICALLY ARRANGED. 
POLITICAL CODE.—Continued. 


Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

1742 

204 

2745 

213 

2764 

-217 

4018 

223 

1745 

205 

2746 

213 

2765 

217 

4019 

223 

1746 

206 

2747 

213 

2766 

217 

4020 

223 

1749 

207 

2748 

214 

2770 

217 

4021 

224 

1830 

208 

2749 

214 

2771 

218 

4021a 

224 

1831 

208 

2750 

214 

2772 

218 

1022 

227 

1832 

209 

2751 

214 

2773 

218 

4023 

227 

1833 

209 

2752 

215 

3491 

218 

4024 

228 

1834 

209 

2753 

215 

3492 

219 

4025 

228 

1835 

209 

2754 

215 

3493 

220 

4026 

228 

1836 

209 

2755 

215 

3976 

221 

4027 

228 

1837 

209 

2756 

215 

3979 

221 

4028 

228 

1880 

210 

2757 

216 

3980 

221. 

4024 

229 

1881 

210 

2758 

216 

3981 

221 

4030 

229 

1882 

211 

2759 

216 

3984 

222 

4041 

229 

1883 

211 

2760 

216 

3985 

222 

4058 

230 

1884 

211 

2761 

216 

4014 

222 

4149e 

2.-4 

1885 

212 

2762 

217 

4015 

223 

4149f 

234 

1886 

212 

2763 

217 

4017 

223 






PENAL CODE. 




Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

40 

235 

48 

236 

54b 

239 

62 

243 

41 

235 

49 

237 

55 

240 

62a 

243 

42 

235 

49a 

237 

55a 

241 

62b 

243 

42a 

235 

• 50 

237 

56 

241 

63 

243 

43 

235 

51 

237 

57 

241 

631/ 2 

244 

44 

235 

52 

237 

57a 

241 

63b 

244 

45 

235 

53 

238 

58 

242 

64 

244 

46 

236 

54 

238 

59 

242 

64i/o 

245 

47 

236 

54a 

238 

60 

242 






61 

242 





CODE 

OF CIVIL PROCEDURE. 



Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

Section. 

Page. 

*40 

246 

104 

73 

1116 

250 

1123 

252 

41 

246 

129 

72 

1117 

250 

1124 

2o2 

42 

246 

' 156 

73 

1118 

251 

1 124 

253 

57 

246 

1111 

249 

1118 

251 

1125 

253 

65 

247 

1112 

249 

1119 

. 251 

1126 

253 

85 

247 

1113 

249 

1120 

251 

1126 

254 

103 

247 

1114 

249 

1121 

251 

1127 

254 

103 

73 

1115 

250 

1122 

252 













, CALIFORNIA ELECTION LAWS 


III 


INDEX TO NEW ACTS 
AND 

AMENDMENTS TO THE CODES, CONCURRENT AND JOINT 
RESOLUTIONS AND CONSTITUTIONAL AMENDMENTS, 
PASSED AT THE 1913 SESSION OF 
LEGISLATURE RELATIVE TO 


ELECTIONS 


This 1913 
Volume Statutes 


Chapter 

148 

312 

346 

59 

631 

541 

636 

238 

143 


A. C. R. 
S. C. R. 
S. C. R. 
A. C. R. 
S. C. R. 
S. C. R. 
S. C. R. 
A. C. R. 
S. C. R. 
A. C. R. 
A. C. R. 
A. C. R. 
S. C. R. 


A. C. R. 
A. C. R. 


A. C. A. 
A. C. A. 

s. c. a . 

A. C. A. 
A. C. A. 
A. C. A. 
A. C. A. 
A. C. A. 

A. C. R. 
S. C. A. 

A. C. A. 
S. C. R. 


*- Page. 

Affidavit of registration, P. C. 1097a.124 

Alterations of City boundaries .351 

i) ?) }} 

Ballots, P. C. 1198 .””'’~ZZ"”’"”"!Zl49 

. ” P. C. 1197 .141 

Bonds for State buildings in City of 

San Francisco . 

Candidates, name of, not by primary 

election, P. C. 1188 .137 

Candidates, regarding statements .290 

Certification of election returns by county 

clerk, P. C. 1288 ...169 

139 Challenging of voters, P. C. 1230 .157 

CHARTERS—City of. 

79 Alameda ..... 

6 Berkeley ... 

27 Eureka .:. 

30 Los Angeles . 

17 Long Beach ... 

3 Pasadena . I 

60 Richmond . 

78 San Bernardino . 

34 San Diego . 

29 San Francisco .... 

35 San Luis Obispo . 

28 San Rafael . 

61 Vallejo ... 

CHARTERS—Counties. 

5 County of Los Angeles .. 

33. San Bernardino . 

30 City Trustees, eligibility of ..334 & 338 

CONSTITUTIONAL AMENDMENTS. 

630 Amendment Pamplets, P. C. 1195a.139 

635 Statement Relating to, P. C. 1195.138 

90 Free Holders Charter ... 

92 For Counties. 

66 Incur Indebtedness, restrictions 

on power of . 

91 Irrigation Districts, regulating, etc 

95 Irrigation Districts, relating to . 

98 Labor Conditions . 

89 Legislative officers . 

94 Relating to expense of Municipal 

Corporations created by general law. 

75 Manner of electing delegates . 

67 Provides for Public Utilities, operation 

of, by Municipalities . 

93 Public Utilities, relating to supervision of 

65 Purchase of property for public use. 


Page. 

231 

587 

703 

58 

1157 

920 

1168 

396 

227 

225 


1720 

1502 

1544 

1629 

1513 

1457 

1690 

1716 

1663 

1602 

1667 

1549 

1693 


1484 

1652 

34 


1156 

1167 

1730 

1733 

1705 

1733 

1743 

1746 

1729 

1742 

1714 

1707 

1740 

1704 











































IV 


CALIFORNIA ELECTION LAWS 


INDEX TO NEW ACTS, ETC.—Continued. This 1913 


Chapter 

CONSTITUTIONAL AMENDMENTS— Volume 

Statutes 



Continued. Page. 

Page. 

A. C. A. 

96 

Railroad commission, relating to power of 

1744 

A. C. A. 

97 

Revising Constitu- 




tion, relating 

to 

1744 



convention for, 

A. C. A. 

87 

Taxation, relating to revenue for. 


1728 

A. C. A. 

86 

Taxation, relating to . 

United States senators, relating to 
Relating to plurality of . 


1727 

A. C. A. 

99 


1729 



election of; Votes . 


1746 


343 

Consolidation of Elections . 

.302 

698 


337 

Contest of Elections, (Road Divisions), 





P. C. 2761, 2764 .216-217 

682 



COUNTIES. 




41 

High School Elections, county, 





P. C. 1721, 1738, 1739, 1749....192,-204-207 

41 


370 

Irrigation districts, county, formation 

of 

785 


249 

Officers, county, consolidation of, 

P. C. 4017 . 

...223 

436 


688 

Officers, county and township, election 




of, P. C. 4021 . 

....224 

1373 


592 

Water districts, county organization 

of 

1049 


99 

Drainage District elections, relating to. 

ELECTIONS 


109 


141 

Abstract of District election 

returns, P. C. 1262 . 

Boards appointment of, P. C. 1142.... 

...163 

226 


634 

....132 

1165 


641 

Electioneering, and secrecy of ballot, 
P. C. 1215 . 

...156 

1172 

S. J. R. 

57 

Elective franchises by women. 


1689 

S. C. R. 

18 

Improving, propositi an to voters for 
improving State Buildings and 





Institutions . 


1536 


357 

High School Boards, election of 
members of, P. C. 1731 . 

....199 

765 


361 

High Scool District Bonds, P, C. 1745 

....205 

772 


259 

Highway Lighting districts, 
unincorporated cities and towns 
to establish . 

...419 

447 


639 

Index to registers, copies of same 
to candidates, P. C. 1115 . 

...127 

1171 


39 

Irrigation Districts, relating to 
dissolution of . 

...446 

39 


578 

Irrigation Districts, organization 
and government of . 

...443 

993 


224 

Monument Tax, election for .. 

....455 

377 


632 

Returns, correction of, P. C. 1281a. 

...167 

1164 



MUNICIPALITIES. 




566 

Assessment elections for street 
Improvements. 


954 


311 

Consolidation of municipal 
corporations, elections for . 

...351 

577 


234 

Elections to donate Land to the 

State . 


388 


28 

Indebtedness, incurring for 
municipal improvements . .. 


33 


25 



29 


11 



13 


26 

Term of Municipal officers, 




relating to . 


31 






























CALIFORNIA ELECTION LAWS 


V 


INDEX TO NEW ACTS, ETC.—Continued. This 

Volume 

Chapter POLLS. Page. 

134 Relating to opening and closing of, 

P. C. 1160, 1164 ...135 

210 Relating to opening and closing in school 

district elections, P. C. 1597 .181 

A..T. R. 42 President and Vice-President of the United 
States, relating to election of by direct 
vote of the people . v 

690 PRIMARY, THE NEW DIRECT PRIMARY 

ELECTION LAW, (Year 1913) .255 

261 Public Utility Districts, relating to .365 

REGISTRATION. 

642 Registration of voters and etc., 

P. C. 1096 .119 

696 Registration of voters, and register 

used, P. C. 1094, 1120, 1121.115-128 

151 Sale of School Bonds, relating to, P.C.1886....212 

638 Sample Ballots, and instruction cards, • 

P. C. 1210 .154 

602 San Francisco Harbor Improvement Bonds 

199 Sanitary Districts, relating to .455 

24 School Districts, government of by 

Municipal Charter, P. C. 1584 .179 

SCHOOL DISTRICTS 

66 Clerk, relating to election of, P. C. 1649.... 

242 Annexation of additional school 

district territory, relating t.o P. C. 1576, 176 


53 Trustees, relating to election 

of, P. C. 1593 .180 

138 Signing of petitions, relating to 

P. C. 1083a .114 


235 State Building bonds, relating to 

election for . 

551 State Fair Grounds bonds, relating to 

election for . 


TALLY. 

140 List, election returns, etc., P. C. 1262....163 

640 Of votes, P. C. 1258 ..:-162 

93 Union School district elections, 

relating to, P. C. 1674 ...183 

A. J. R. 7 United States senators in congress, relating 

to election of .. 

156 Election of, P. C. 1332, 1333, 

1334, 1335, 1336, 1337 .172-173 

341 Voting Machines .308 & 315 

637 Voting, manner of, P. C. 1204 .151 

387 Water Districts, organization of .-. 


1913 

Statutes 

Page. 

219 


362 


1676 


1379 

450 


1173 

1438 

233 

1170 

1122 

344 


28 


70 

401 

55 

225 

389 

929 


226 

1172 


96 


1506 

237 

691 

1169 

815 

























— 


•—’- 












































. 





























# 





























































































\ _ 

















. 



































• 

• 













































































CONSTITUTION OF THE UNITED STATES 


UNITED STATES REVISED STATUTES 


ELECTION OF UNITED STATES REPRESENTATIVES 


STATUTES AT LARGE RELATING TO CITIZENSHIP 
AND ELECTORS 


UNITED STATES CRIMINAL CODE 
OFFENSES AGAINST THE ELECTIVE FRANCHISE 
AND CIVIL RIGHTS OF CITIZENS 



, r iia. 


















SUPPLEMENTAL INDEX TO 
LAWS OF THE UNITED STATES THAT GOVERN. 

(Page 3 to Page 35) 


ARTICLE I. 

Sec. 1. Congress . 3 

Sec. 2. Representatives . 3 

Apportionment of Representatives. 3 

Sec. 3. Joint Resolution .-. 3 

Election of U. S. Senators. 3 

when vacancies occur...... 4 

Sec. 4. Members of Congress, Election of. 4 


ARTICLE II. 

Sec. 1. President, Vice-President, Term of Office. 4 

Presidential Electors . 4 

Manner of Appointment. 4 

Election of President. 4 

Representative from each state having one vote. 4 

Time and Manner of casting electoral votes. 5 

Sec. 1. Citizenship ... 5 

Sec. 1. Rights of Citizens of the United States to vote... 5 


UNITED STATE REVISED STATUTES. TITLE II. 

Governor to certify election.5 

Secretary of State to countersign certificates.„.. 5 

ELECTION OF UNITED STATES REPRESENTATIVES. 

Sec. 25. Time of Election.. 5 

Sec. 26. Vacancies of United States Representatives... 5 

Sec. 27. Votes for Representatives Must be by Ballot or Voting 

Machine ....T.... 5 


Sec. 18. 
Sec. 19. 


CITIZENSHIP. TITLES XXV. 

Sec. 1992. By Other Means than Naturalization. 5 

Who are citizens. 5 

Sec. 1993. Citizenship of Children Born Abroad. 5 

Sec. 1995. Of Persons Born in Oregon. 6 

Sec. 1996. Rights forfeited for Military Desertion, etc... 6 

Sec. 1997. Certain Sailors and Soldiers Excluded from Forfeitures of 

the Last Section. 6 

Sec. 1998. Citizenship May be Forfeited by Avoiding Service, or Deser¬ 
tion from Army and Navy. 6 

Sec. 1999. Concerning Rights of Expatriation. 6 

Sec. 2004. Citizens otherwise qualified, and allowed to Vote. 6 

STATUTES AT LARGE RELATING TO CITIZENSHIP. 

Sec. 4. Citizens of the Territory of Hawaii who are declared citizens 

of United States . 6 

Chinese not to be naturalized. 7 


UNITED STATES CRIMINAL CODE. 

OFFENSES AGAINST THE ELECTIVE FRANCHISES 
AND CIVIL RIGHTS OF CITIZENS. 

Sec. 19. Conspiracy to injure, etc... 34 

Ineligible to hold office... 34 

Sec. 20. Depriving citizens of their civil rights under color of any 

state law . 34 

Sec. 21. Conspiring to prevent an officer from performing his duties. .. 34 

Sec. 22. Unlawful presence of Troops at Elections. 34 

Sec. 23. Intimidation of voters by officers. 34 

To prevent from voting. 34 

Sec. 24. Officers of army or navy prescribing qualifications of voters 35 

Sec. 25. Officers of army or navy interfering with officers of elections 35 

Sec. 26. Persons disqualified from holding office. 35 

Sec. 83. Corporations, etc., not to contribute money for political elec¬ 
tions . 35 














































CONSTITUTION OF THE UNITED STATES 

WITH REVISED STATUTES 

RELATIVE TO CITIZENSHIP 
AND ELECTORS 


ARTICLE I. 

Section 1. Congress. All legislative powers herein granted shall be 
vested in a congress of the United States, which shall consist of a senate 
and a house of representatives. 

Sec. 2. Representatives. The house of representatives shall be com¬ 
posed of members chosen every second year by the people of the several 
states, and the electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state legislature. 

Apportionment of representatives. (XIV Amendment, in effect July 
28, 1868.) Representatives shall be apportioned among the several states, 
according to their respective numbers, counting the whole number of 
persons in each state, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for president and vice- 
president of the United States, representatives in congress, the executive 
and judicial officers of a state, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such state, being twenty-one 
years of age and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of repre¬ 
sentation therein shall be reduced in the proportion which the number 
of such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such state. 

Sec. 3. Joint Resolution. (Approved May 31, 1913.) United States 
Stat. At Large, Vol. 37, pt. 1, p. 646. 

Proposing an amendment to the Constitution providing that Senators 
shall be elected by the people of the several states. 

Election of U. S. Senators. Resolved by the Senate and House of Rep¬ 
resentatives of the United States of America in Congress assembled 
(two-thirds of each House concurring therein), That in lieu of the first 
paragraph of section three of Article I of the Constitution of the United 
States, and in lieu of so much of paragraph two of the same section as 
relates to the filling of vacancies, the following be proposed as an amend¬ 
ment to the Constitution, which shall be valid to all intents and purposes 
as part of the constitution when ratified by the legislatures of three- 
fourths of the States. 

The Senate of the United States shall be composed of two Senators Amendment to 
from each state, elected by the people thereof, for six years; and each constitution. 
Senator shall have one vote. The electors in each state shall have the 
qualifications requisite for electors of the most numerous branch of the 
State legislature. 



4 


CALIFORNIA ELECTION LAWS. 


When 

vacancies 

occur. 


When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of election 
to fill such vacancies; Provided, That the legislature of any State may 
empower the executive thereof to make temporary appointments until the 
people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or 
term of any Senator chosen before it becomes valid as part of the Con¬ 
stitution. 

CHAMP CLARK, 

Speaker of the House of Representatives. 

J. S. SHERMAN, 

Vice-President of the United States and President of the United States 
Senate. 

Deposited in Department of State, May 15, 1913. 

(Note—See also sections 1332, 1333, 1334, 1335, 1336 and 1337 of the Political Code.) 

Sec. 4. Members of Congress, Election of. The times, places, and 
manner of holding elections for senators and representatives shall be 
prescribed in each state by the legislature thereof; but the congress 
may at any time, by law, make or alter such regulations, except as to 
the places of choosing senators. 

ARTICLE II. 


Presidential 

Electors. 


Manner of 
Appointment. 


Representa¬ 
tive from 
each state 
having one 
vote. 


Section 1. President, Vice-President, Term of Office. The executive 
power shall be vested in a president of the United States of America. 
He shall hold his office during the term of four years, and together with 
the vice-president chosen for the same term, be elected as follows: 

Each state shall appoint, in the manner as the legislature thereof may 
direct, a number of electors equal to the whole number of senators and 
representatives to which the state may be entitled in the congress; but 
no senator or representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

Election of President and Vice-President. (XII Amendment, in effect 
September 25, 1804.) The electors shall meet in their respective states, 
and vote by ballot for president and vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves; they shall 
name in their ballots the person voted for as president, and in distinct 
ballots the person voted for as vice-president; and they shall make 
distinct lists of all persons voted for as president, and of all persons voted 
for as vice-president, and of the number of votes for each, which list 
they shall sign and certify, and transmit, sealed, to the seat of the gov¬ 
ernment of the United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the senate and house 
of representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes for president 
shall be president, if such a number be a majority of the whole number 
of electors appointed; and if no person have such majority, then from 
the persons having the highest numbers, not exceeding three, on the list 
of those voted for as president, the house of representatives shall choose 
immediately, by ballot the president. But in choosing the president, the 
votes shall be taken by states, the representation from each state having 
one vote; a quorum for this purpose shall consist of a member or mem¬ 
bers from two-thirds of the states, and the majority of the states shall 
be necessary to a choice. And if the house of representatives shall not 
choose a president, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice-president 
shall act as president, as in the case of death or other constitutional dis¬ 
ability of the president. The person having the greatest number of 
votes as vice-president shall be the vice-president, if such number be a 
majority of the whole number of electors appointed; and if no person 
having a majority, then from the two highest numbers on the list the 
senate shall choose the vice-president; a quorum for the purpose shall 
consist of two thirds of the whole number of senators, and the majority 


UNITED STATES STATUTES'. 


5 


of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to office of president shall be eligible to that 
of vice-president of the United States. 

The congress may determine the time of choosing the electors, and 
the day of which they shall give their votes; which day shall be the same 
throughout the United States. 

Section 1. Citizenship. (Amendment XIV, in effect July 28, 1868.) All 

persons born or naturalized in the United States and subject to the juris¬ 
diction thereof are citizens of the United States and of the State wherein 
they reside. No state shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; nor shall 
any State deprive any person of life, liberty or property without due pro¬ 
cess of law, nor deny to any person within its jurisdiction the equal pro¬ 
tection of the laws. 

Section 1. Rights of Citizens of the United States to Vote. (Amend¬ 
ment XV, in effect March 30', 1870.) The right of citizens of the United 
States to vote shall not be denied or abridged by the United States, or 
by any state, on account of race, color or previous condition of servitude. 

UNITED STATES REVISED STATUTES. 

TITLE II. 

Sec. 18. Governor to certify election (Act of July 25, 1866). It shall 
be the duty of the executive of the state from which any senator has 
been chosen to certify his election, under the seal of the state, to the 
president of the senate of the United States. 

Sec. 19. Secretary of State to countersign certificate (Act of July 25, 
1866). The certificate mentioned in the preceding section shall be coun¬ 
tersigned by the secretary of the state. 

ELECTION OF UNITED STATES REPRESENTATIVES. 

Sec. 25. Time of Election (Act of February 2, 1872). The Tuesday 
next after the first Monday in November, in the year eighteen hundred 
and seventy six is established as the day, in each of the states and ter¬ 
ritories of the United States, for the election of representatives and 
delegates to the forty-fifth congress; and the Tuesday next after the first 
Monday in November, in every second year thereafter, is established as 
the day for the election, in each of the said states and territories, of 
representatives and delegates to the congress commencing on the fourth 
day of March next thereafter. 

Sec. 26. Vacancies of United States Representatives (Act of February 
2, 1872). The time for holding elections in any state, district or territory 
for a representative or delegate to fill a vacancy, whether such vacancy 
is caused by a failure to elect at the time prescribed by law or by the 
death, resignation, or incapacity of a person elected, may be prescribed 
by the laws of the several states and territories respectively. 

Sec. 27. Votes for Representatives Must be by Ballot or Voting Machine 
(as Amended February 14, 1899). All votes for representatives in con¬ 
gress must be by written or printed ballot, or voting machine, the use 
of which has been duly authorized by the state law; and all votes received 
or recorded contrary to this section shall be of no effect. 

TITLE XXV. 

CITIZENSHIP. 

Sec. 1992. By Other Means than Naturalization (Act of April 9, 1866). 

All persons born in the United States and not subject to any foreign 
power, excluding Indians not taxed, are declared to be citizens of the 
United States. 

Sec. 1993. Citizenship of Children Born Abroad (Act of April 14, 1802; 
amended February 10, 1855). All children heretofore born or hereafter 
born out of the limits and jurisdiction of the United States, whose fathers 


Time and 
Manner of 
casting 
electoral 
votes. 


Who are 
citizens. 


6 


CALIFORNIA ELECTION LAWS. 


were or may have been at the time of their birth citizens thereof, are 
declared to be citizens of the United States; but the rights of citizenship 
shall not descend to children whose fathers never resided in the United 
St^tGS 

Sec. 1995. Of Persons Born in Oregon (Act of May 18, 1872). All per¬ 
sons born in the district of country formally known as the territory of 
Oregon, and subject to the jurisdiction of the United States on the 18th 
day of May, 1872, are citizens in the same manner as if bom elsewhere 
in the United States. 

Sec. 1996. Rights Forfeited for Military Desertion, etc. (Act of March 
3, 1865). All persons who deserted the military or naval service of the 
United States and did not return thereto or report themselves to a provost- 
marshal within sixty days after the issuance of the proclamation by the 
president, dated the 11th day of March, 1865, are deemed to have volun¬ 
tarily relinquished and forfeited their rights of citizenship, as well as 
their rights to become citizens; and such deserters shall be forever in¬ 
capable of holding any office of trust or profit under the United States 
or of exercising any rights of citizens thereof. 

Sec. 1997. Certain Sailors and Soldiers Excluded from Forfeitures of 
the Last Section (Act of July 19, 1867). No soldier or sailor, however, 
who faithfully served according to his enlistment until the 19th day of 
April, 1865, and who, without proper authority or leave first obtained, 
quit his command or refused to serve after that date, shall be held to 
be a deserter from the army or navy; but this section shall be construed 
solely as a removal of any disability such soldier or sailor may have in¬ 
curred, under the preceding section, by the loss of citizenship and of the 
right to hold office, in consequence of his desertion. 

Sec. 1998. Citizenship May be Forfeited by Avoiding Service, or Deser¬ 
tion from Army or Navy (Act of March 3, 1865). Every person who 
hereafter deserts the military or naval service of the United States, or 
who being duly enrolled, departs the jurisdiction of the district in which 
he is enrolled, or goes beyond the limits of the United States, with intent 
to avoid any draft into the military or naval service, lawfully ordered, 
shall be liable to all the penalties and forfeitures of section 1996. 

Sec. 1999. Concerning Rights of Expatriation (Act of July 27, 1868). 
Whereas the right of expatriation is a natural and inherent right of all 
people, indispensable to the enjoyment of the rights of life, liberty, and 
the pursuit of happiness; and whereas in the recognition of this principle 
this government has freely received emigrants from all nations, and in¬ 
vested them with the rights of citizenship; and whereas it is claimed 
that such American citizens, with their descendants, are subjects of 
foreign states, owing allegiance to the government thereof; and whereas 
it is necessary to the maintenance of public peace that this claim of 
foreign allegiance should be promptly and finally disavowed. Therefore 
any declaration, instruction, opinion, order, or decision of any officer of 
the United States which denies, restricts, impairs, or questions the right 
of expatriation, is declared inconsistent with the fundamental principles 
of the republic. 

(Note: See Act found on page 24, this volume, in reference to 

expatriation of citizens and their protection abroad.) 

Sec. 2004. Citizens otherwise qualified, and allowed to Vote. All citizens 
of the United States who are otherwise qualified by law to vote at any 
election by the people in any State, Territory, district, county, city, parish, 
township, school district, municipality, or other territorial subdivision, 
shall be entitled and allowed to vote at all such elections, without dis¬ 
tinction of race, color, or previous condition of servitude; any constitution, 
law, custom, usage, or regulation of any State or Territory, or by or 
under its authority, to the contrary notwithstanding. 

STATUTES AT LARGE RELATING TO CITIZENSHIP. 

Sec. 4. Citizens of the Territory of Hawaii who are declared citizens of 
United States (Act of April 30, 1900). That all persons who were citizens 


UNITED STATES STATUTES. 


7 


of the Republic of Hawaii on August 12, 1898, are hereby declared to 
be citizens of the United States and citizens of the territory of Hawaii. 
And all citizens of the United States resident in the Hawaiian Islands 
who were resident there on or since August 12, 1898, and all the citizens 
of the United States who shall hereafter reside in the Territory of Hawaii 
for one year shall be citizens of the Territory of Hawaii. 

Chinese not to be naturalized (Act of May 6, 1882). That hereafter no 
State court or court of the United States shall admit Chinese to citizen¬ 
ship; and all laws in conflict with this Act are hereby repealed. 



INDEX 

TO 

United States Naturalization Laws and Regulations, 

August 20, 1913 


(Page II to Page 33) 






UNITED STATES 
A 

Acts relating to naturalization: 
Act establishing the Bureau of 

Naturalization . 

United States Revised Statutes: 
Sec. 1994. Citizenship of married 

women . 

Sec. 2169. Exemption of honorably 

discharged soldiers . 

Sec. 2169. Limitation as to who 

may be naturalized. 

Sec. 2170. Residence within the 
United States required 
for five years continu¬ 


ously .23 

Sec. 2171. Naturalization forbid¬ 
den alien enemies.23 

Sec. 2172. Status of children of 

naturalized parents .23 

Sec. 2174. Alien seamen of mer¬ 
chant vessels .23 

United States Statutes at Large: 
Vol. 22, page 61. Naturalization 

of Chinese prohibited.24 

Vol. 28, page 124. Service in the 

Navy or Marine Corps.24 

Vol. 34, page 596. Uniform nat¬ 


uralization of aliens, act 
of June 29, 1906 (as 

amended March 4, 1909, 
June 25, 1910, and March 

4, 1913) .11-22 

Vol. 34, page 630. Validation of 

certain certificates .25 

Vol. 34, page 631. Records, etc., 
Cook County (Ill.) crim¬ 
inal court .25 

Vol. 34, page 1228. Expatriation 
of citizens and their pro¬ 
tection abroad ......24 

Vol. 35, page 1102. Codified penal 
laws, act of March 4, 1909, 

Sec. 74 to 81.26-27 

Vol. 36, page 829. Certain aliens 
exempted from declaring 

intention .13 

Vol. 36, page —. Clerical assist¬ 
ance when annual fees 

exceed $6,000 .17 

Vol. 36, page 929, Status as to 
homestead entry of widow 
and minor children of de¬ 
ceased insane declarant....22 
Vol. 37, page 487. Records, etc., 
of Louisville (Ky.) city 

or police court.25 

Vol. —, page —. 'Records, etc., of 
Davidson county court 
(Tenn.) . 26 


Page 

Admission to citizenship, Sec. 4....14 
Affidavit of witnesses, Secs. 4 and 


27 .13, 20 

Africans, provisions applicable to, 

Sec. 2169 .23 

Alien enemies, Sec. 2171.23 

Alien seamen of merchant vessels, 

Sec. 2174 .23 

Allegiance, oath of, Sec. 4.13 

Anarchists, citizenship denied, 

Secs. 4 and 7.13, 14 

Appropriation, Sec. 29.22 

Army. See soldiers. 

B 

Books of record, supplying Sec. 2, 
rules 6, 7, 8.12, 28, 29 


Bureau of Naturalization, desig¬ 
nation and jurisdiction, Sec. 1.... 9 

C 

Certificate of arrival, Secs. 1 and 

4, rule 5.28 

Certificates of naturalization, act 
of March 4, 1909, penalties for 
counterfeiting, fraudulently 

using, etc.26, 27 

blank, to be accounted for, pen¬ 
alty for failure, Sec. 12.15 

duplicates of, to be sent to de¬ 
partment within thirty days, 
penalty for failure, Sec. 12, 

rule 22 .15, 31 

fees for, to be paid, See. 13, 

rule 23 .16, 32 

form of, Sec. 27.21 

invalidated by permanent resi¬ 
dence abroad, Sec. 15.17, 21 

lost or destroyed copies of, rule 

17 .30 

not to be issued without order 
signed judge, Sec. 9, rule 9..15, 29 


proceedings to cancel, Sec. 15....17 

restriction as to election day, 

Sec. 6 .14 

special paper and numbering for, 

See. 3 . 12 

transmittal of forms, Sec. 3, 

rule 8 .12, 29 

voting on illegally issued, Sec. 

78 . 27 

Certificates of naturalization and 
other records, act to validate 

certain . 25 

of Cook County (Ill.) criminal 

court .25 

of Louisville (Ky.) city or po¬ 
lice court.25 

of Davidson county court 
(Tenn.) .25 


INDEX 

—to— 

NATURALIZATION LAWS AND REGULATIONS, 

Page 

11 

22 
22 
23 












































INDEX 

—to— 

UNITED STATES NATURALIZATION LAWS AND REGULATIONS. 

Page Courts—Continued. Page 

Children, day, month, and year of to report name of each alien 

bath, etc., to be stated on pe- denied naturalization, Sec. 12, 

titions, Sec. 4..13 • rule 16.15, 30 

born out of United States who restoring lost or destroyed pa- 

are entitled to citizenship, re- pers, rule 17 30 31 

quirements to retain same..23, 24 transmittal of duplicate papers, 
minor of deceased declarant, Sec. g ec j 2 ru ] e 22 15 31 

4, subdivision 6 .44, 33 naturalization jurisdiction, Sec. 

minor, of insane declarant. See 3 12 

Insane Declarant. naturalization papers to be part 

minor, of naturalized parents to 0 f records of Sec 14 17 

be citizens, Sec. 2172.23 supplies for, Sec. 3, rules 5, 6 , 

Chinese, naturalization of, prohib- 7 g 10 n 12 , 13.12, 28, 30 

ited, 22 Stat., page 61, rule 

21 .24, 31 D 

Citizenship, by naturalization, Sec. Davidson county court (Tenn.) 

4 .certain records validated.26 

by marriage, Sec. 1994, Revised Declaration of intention, allegation 

Statutes . 22 to be made in, Secs. 4 and 

derivative, Sec. 2172, Revised 27 12 19 

Statutes .23 exemptions as to handwriting 

modification of law as to Porto and ability to speak English, 

Ricans and Filipinos, Sec. 30..22 ru ] e 3 ’ 28 

sections affecting, repealed by form 2213, facts for, ruie 5...”^28 

act of June 29, 1906, Sec. 26....19 f orm of, Sec. 27.19, 20 

Clerks of courts. See Courts; cer- furnished in bound volumes, 

tificates; Declarations; Peti- ru ] e g 28 

titions. invalid seven years after date, 

Cook County criminal court, cer- Secs. 4 an( j 27 .12, 19 

tificates issued by, 34 Stat., ^ made between June 29, 1906, 

page 631 .25 and September 27, 1906, rule 

Courts: 3 .28 

clerks of, additional clerical as- made prior to September 27, 

sistance for certain.16, 17 1906, rule 2.28 

certified copies of papers for Declaration of Intention, etc.—Cont. 

entrants on public lands, rule procedure under act of June 25, 

17 .-.30 1910 , rule 24...28 

certifying falsely, penalty for, validation of certain defective, 

Sec. 22 .18 34 Stat., page 630.25 

embezzlement by, Sec. 20.18 validation of certain defective, 

fees for witness, Sec. 13.16 in Louisville (Ky.) city or 

fees to be accounted for, Sec. 13, police court .25 

rule 23 .16, 32 when not necessary to file under 

fees under rule 17.30 act of June 25, 1910, Sec. 4, 

to account for blank certificates, rule 24 .13, 32, 33 

Sec. 12 .15 Depositions under Sec. 10, appli- 

to file copy of each declaration cable exclusively to establish- 

made, Sec. 12.15 ing residence outside of State..l5 

to forward papers to bureau notice to be given to bureau.15 

within thirty days, penalty for District attorney, duties as to can- 

failure, Sec. 12 , rule 22 .15, 31 cellation proceedings, Sec. 

to index declarations and peti- 15 .17, 18 

tions, rules 6 and 7.28, 29 Dockets, Secs. 6 and 14, rule 8 

to inform bureau of dates of .14, 17, 29 

hearings, rule 15.30 

to post notice of hearings “im- E 

mediately after filing the peti- Election, general, restriction as to 

tion, ” Sec. 5, rule 15.14, 30 Sec. 6 .14 

to report change of name, Sec. Embezzlement, definition of, Sec. 

6 , rule 14.13, 30 20 .18 
















































INDEX 

—to— 

UNITED STATES NATURALIZATION LAWS AND REGULATIONS. 


Page 


Enemies, alien. See Alien enemies. 
English language, requirements as 
to speaking, Sec. 8, rule 4..15, 28 
Expatriation of citizens and pro¬ 
tection abroad to overcome 
presumption of .24 

F 

Facts for declaration and petitions, 

rule 5 .28 

Fees, additional, not to be charged, 

Sec. 21 .18 

Fees. See Courts. 

Final hearing, stated days to be 

fixed, Sec. 6.14 

notice must be posted, Sec. 5.14 

in open court with judge present, 

Sec. 9 .15 

Fines, See Penalties. 

Forgery. See Penalties. 


Forms, blank, supplying, Sec. 3, 
rules 5, 6, 7, 8, 10, 11, 12, 13 
.12, 28, 30 

Fraud, See Penalties. 

G 

Government shall have right to 
cross-examine, Sec. 11.15 

H 

Hearings. See Final hearings. 

Homestead entries, aliens making, 
not required to speak English, 
Sec. 8 .15 

Homestead Entries, etc.—Continued, 
certified copies of papers may be 

provided for, rule 17.30 

quarterly reports to be made of 
certified papers issued, rule 

17 .30 

wife of insane declarant mak¬ 
ing. See Insane declarant. 

I 

Immigrants, registry of, Secs. 1 
and 4 ..11, 12 

Imprisonment. See Penalties. 

Insane declarant, naturalization of 
wife and minor children mak¬ 
ing homestead entry. ,....,...22 

Intention. See Declaration of in¬ 
tention. 

Island possessions, status of inhab¬ 
itants of, Sec. 30.22 

J 

Jurisdiction, Bureau of Naturaliza¬ 
tion, Sec. 1.11 

exclusive, given to certain 
courts, Sec. 3.12 


L 

Laws. See Acts. Page 

Limitation, statute of, on persons 
accused under naturalization 

laws, Sec. 24.19 

Lost or destroyed papers, method 
of obtaining copies, rule 17....30 
Louisville (Ky.) city or police 
court, certain records vali¬ 
dated .25 

M 

Marine Corps, honorable discharge 

from, 28 Stat., page 124.24 

statement as to discharge from, 

rule 24 .32 

Married women, citizenship of, 

Sec. 1994 . 22 

Merchant vessels, alien seamen on, 
Sec. 2174, Revised Statutes....23 
Minor child. See Children. 

N 

Name, court may change alien’s, 

Sec. 6 . 14 

Naturalization laws. See Acts. 
Naturalization petition. See peti¬ 
tions. 

Navy, honorable discharge from. 
See Acts. 

Negroes, parity of, with whites. 

Sec. 2169 . 9 

Nobility, renunciation of titles of, 

Sec. 4 .14 

Notice as to date of hearing must 
be posted ninety days, Sec. 6..14 

bureau to be notified on first > 

working day of following 

month, rule 15.30 

to be posted “immediately after 

filing petition,” Sec. 5.14 

Numbering of naturalization pa¬ 
pers, Sec. 14, rule 13.17, 30 

O 

Oath of allegiance, form, Secs. 4 
and 27 .14, 19 

P 

Paper, safety, law requiring, Sec. 

3 . 12 

Penalties, derelictions of duty by 

clerks of courts.15, 18, 19 

false personation, Sec. 76.26 

false representation, Sec. 79.28 

forging or counterfeiting certifi¬ 
cates, Sec. 74..26 

fraudulent use or possession of 

blank certificates, Sec. 77.26 

fraudulently procuring naturali¬ 
zation, Sec. 23.18 





































INDEX 

_to 

UNITED STATES NATURALIZATION LAWS AND REGULATIONS. 


Penalties, etc.—Continued. Page 

perjury, Secs. 22 and 23.18 

taking greater fees than pre¬ 
scribed, Sec. 21 .18 

unlawful use of naturalization 

paper, Sec. 78.27 

use of counterfeit plates, Sec. 

75 .26 


Petition for naturalization, aliens 
must sign names in full and 
without abbreviation, rule 20..31 
allegations to be made, Secs. 4 

and 27.12, 13, 19, 20 

consecutive numbering and in 
chronological order, Sec. 14, 

rules 7 and 13.17, 29, 30 

facts for, form 2214, rule 5.28 

facts for, for aliens arriving 
after June 29, 1906, form 


2226 . 


.28 

form of, Sec. 27. 


.19 

furnished in bound volumes, rule 

7 . 


.29 

not to be filed until 

two 

years 

after declaration 

has 

been 

made, Sec. 4. 


.13 


requirements as to act of June 
25, 1910, Sec. 4, rule 24....13, 32 
signature in handwriting and 
ability to speak English after 
June 29, 1906, unless excepted 
by section 8 , Secs. 4 and 8 , 

rule 4.12, 15, 28 

to be indexed, Sec. 14, rule 7..17, 32 
Plates, penalty for use of counter¬ 
feit, Sec. 75.26 

Polygamists, citizenship denied, 

Sec. 7 . 14 

Port of entry, Sec. 4.13 

Publication notices for absentees 
in cancellation proceedings, 

Sec. 15 .17 

Public lands. See Homestead en¬ 
tries. 

R 

Record books. See Books of re¬ 
cord. 

Records, what constitute, Secs. 6 

and 14, rule 8 .14, 17, 29 

of Cook county (Ill.) criminal 

court. 25 

of Davidson county court 

(Tenn.) .25 

of Louisville (Ky.) city or po¬ 
lice court .25 

Registrv, certificate of, Sec. 1 and 

4 .12, 14 

Regulations, authority of Secretary 

of Labor to make, Sec. 28.22 

text of .28-33 


Page 

Residence abroad within 5 years 
after naturalization, Sec. 15, 

also act Mar. 2, 1907.17, 24 

Residence abroad, etc.—Continued, 
exemption, of honorably dis¬ 
charged alien from Army, Sec. 

2166, Revised Statutes.22 

exemption, of honorably dis¬ 
charged aliens from Navy and 
Marine Corps, 28 Stat., 124....24 
length of, required, Secs. 4, 10 

and 2170 .14, 15, 23 

to be continuous, Secs. 4 and 

2170 ...14, 23 

Requisition for forms to be used, 
rule 10 .29 

S 

Sailors, exemption of honorably 

discharged, 28 Stat., 124.24 

statement to be made, rule 24....32 
Seamen. See Alien seamen. 
Secretary of Labor to make rules 

for executing act, Sec. 28.22 

Soldiers, exemption of honorably 
discharged, Sec. 2166, Revised 

Statutes .22 

Soldiers, statement as to dis¬ 
charge, rule 24.32 

Stated days to be fixed for hearing 

petitions, Sec. 6.14 

Statutes. See Acts. 

Subpoenas for witnesses, Sec. 5 .... 14 
Substituted witnesses, Sec. 5, rule 

19 .14, 31 

Supplies, court. Sec. 3, rules 5, 6, 

7, 8, 10, 11, 12, 13, 19, 25. 

.12, 28-31, 33 

envelopes, rule 25.33 

no two cnurts to use same set 

of, rule 13.30 

to be obtained exclusively from 
bureau, rule 10.29 

T 

Titles of Nobility, renunciation of, 
Sec. 4 .14 

U 

United States to be heard in oppo¬ 
sition to petition, Sec. 11.15 

V 

Validating Acts. See Records. 
Verification by affidavit, Sec. 4....14 
by affidavit and deposition, 
Secs. 4 and 10.14, 15 












































INDEX 

—to—• 

UNITED STATES NATURALIZATION LAWS AND REGULATIONS. 


Page 

Vessel and port of arrival to be 

named, Sec. 4......13 

Vessels and alien seamen on, Sec. 
2174 ...23 

W 

Widow of deceased declarant, Sec. 

4, subdivision 6, rule 24....14, 32 
' Wife of insane declarant. See In¬ 
sane declarant. 

Witnesses, affidavit of, form, Sec. 

27 .. . . 20 


Witnesses, etc.—Continued. Page 

may receive usual fees for wit- 

' nesses, Sec. 13.16 

penalty for perjury by Sec. 23....18 

petition must be verified by two 

credible, Sec. 4..-..14 

substitute, Sec. 5, rule 19.31 

Women, American, status of, who 

marry foreigners .24 

foreign, status of, who marry 

Americans .22, 24 

general status of, for naturali¬ 
zation (Rule 24) .33 











Naturalization Laws 


and 

Regulations, August 20, 1913 


This edition supersedes all 
previous editions 


(Note—See complete classified index in front of book.) 

The numerous changes from the edition of October 1, 1912, appearing 
throughout this edition arc due mainly to the passage of the Act of Con¬ 
gress approved March 4, 1913 (chap. 141, p. 736, Stat. 62d Congress, 3d 
session), which created the Department of Labor and divided the Bureau 
of Immigration and Naturalization into two separate and distinct bureaus 
to be known as the Bureau of Immigration and the Bureau of Natural¬ 
ization and placing the administration of the naturalization laws in the 
Bureau of Naturalization. 

Regulations 3, 4, 5, 8, 12, 15, 17, 19, 21, and 24 have been amended. 





















Naturalization Laws and Regulations 


(Note—See complete classified index in front of book.) 

NATURALIZATION LAWS. 

ACT OF JUNE 29, 1906 (34 STAT. L., PART 1, P. 596), AS AMENDED 
IN SECTIONS 16, 17, AND 19, BY THE ACT OF CONGRESS APPROVED 
MARCH 4, 1909* (35 STAT. L., PART 1, P. 1102); IN SECTIONS 4 
AND 13, BY THE ACT OF CONGRESS APPROVED JUNE 25, 1910t (36 
STAT. L., PART 1, P. 829; AND BY THE ACT OF CONGRESS AP¬ 
PROVED MARCH 4, 1913$ (37 STAT. L., PART 1, P. 736), CREATING 
THE DEPARTMENT OF LABOR. 

AN ACT TO PROVIDE FOR A UNIFORM RULE FOR THE NATURAL¬ 
IZATION OF ALIENS THROUGHOUT THE UNITED STATES, AND 
ESTABLISHING THE BUREAU OF NATURALIZATION. 

[Portion of act creating the Department of Labor.] 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That there is hereby created 
an executive department in the Government to be called the Department 
of Labor, with a Secretary of Labor, who shall be the head thereof, to 
be appointed by the President, by and with the advice and consent of 
the Senate; * * * 

* * * * sjc * 

Sec. 3. Bureau hereafter to be known as Bureau of Immigration and 
Bureau of Naturalization. That the following-named offices, bureaus, di¬ 
visions, and branches of the public service now and heretofore under the 
jurisdiction of the Department of Commerce and Labor, and all that per¬ 
tains to the same, known as * * * the Bureau of Immigration and 
Naturalization, * * * the Division of Naturalization, * * * be, and 

the same hereby are, transferred from the Department of Commerce and 
Labor to the Department of Labor, and the same shall hereafter remain 
under the jurisdiction and supervision of the last-named department. The 
Bureau of Immigration and Naturalization is hereby divided into two 
bureaus, to be known hereafter as the Bureau of Immigration and the 
Bureau of Naturalization, and the titles Chief Division of Naturalization 
and Assistant Chief shall be Commissioner of Naturalization and Deputy 
Commissioner of Naturalization. The Commissioner of Naturalization 
or, in his absence, the Deputy Commissioner of Naturalization, shall be 
the administrative officer in charge of the Bureau of Naturalization and of 
the administration of the naturalization laws under the immediate direc¬ 
tion of the Secretary of Labor, to whom he shall report directly upon all 
naturalization matters annually and as otherwise required, * * * . 

[Act of June 29, 1906, as amended by the acts above referred to.] 

That the Bureau of Naturalization, under the direction and control of 
the Secretary of Labor, shall have charge of all matters concerning the 
naturalization of aliens. That it shall be the duty of the Bureau of Im¬ 
migration to provide, for use at the various immigration stations through¬ 
out the United States, books of record, wherein the commissioners of 


Bureau of 
immigration 
to provide 
books of 
records, etc. 


See pp. 26-27. 


fSee pp. 13 and 16. 


$See p. 11. 




12 


CALIFORNIA ELECTION LAWS. 


Exclusive 
jurisdiction 
to naturalize 
aliens. 


Certificates 
of Natural¬ 
ization to 
be printed 
on safety 
paper. 


How aliens 
are permitted 
to become 
citizens. 


immigration shall cause a registry to be made in the case of each alien 
arriving in the United States from and after the passage of this act of 
the name, age, occupation, personal description (including height, com¬ 
plexion, color of hair and eyes), the place of birth, the last residence, 
the intended place of residence in the United States, and the date oi ai- 
rival of said alien, and, if entered through a port, the name of the vessel 
in which he comes. And it shall be the duty of said commissioners of 
immigration to cause to be granted to such alien a cei Hficate of such 
registry, with the particulars thereof.* 

Sec. 2. (This section is omitted as it authorized the Secretary of Com¬ 
merce and Labor to provide the necessary offices in the city of Wash¬ 
ington and take the necessary steps for the proper discharge of the duties 
imposed by the act of June 29, 1906.) 

Sec. 3. That exclusive jurisdiction to naturalize aliens as citizens of 
the United States is hereby conferred upon the following specified courts: 

United States circuitf and district courts now existing, or which may 
hereafter be established by Congress in any State, United States district 
courts for the Territories of Arizona,x New Mexico,! Oklahoma,.!. Hawaii, 
and Alaska, the supreme court of the District of Columbia, and the United 
States courts for the Indian Territory;$ also all courts of record in any 
State or Territory now existing, or which may hereafter be created, hav¬ 
ing a seal, a clerk, and jurisdiction in actions at law or equity, or law 
and equity, in which the amount in controversy is unlimited. 

That the naturalization jurisdiction of all courts herein specified, State, 
Territorial, and Federal, shall extend only to aliens resident within the 
respective judicial districts of such courts. 

The courts herein specified shall, upon the requisition of the clerks of 
such courts, be furnished from time to time by the Bureau of Natural¬ 
ization with such blank forms as may be required in the naturalization 
of aliens, and all certificates of naturalization shall be consecutively num¬ 
bered and printed on safety paper furnished by said bureau. 

Sec. 4. That an alien may be admitted to become a citizen of the 
United States in the following manner and not otherwise: 

First. He shall declare on oath before the clerk of any court author¬ 
ized by this act to naturalize aliens, or his authorized deputy, in the 
district in which such alien resides, two years at least prior to his 
admission, and after he has reached the age of eighteen years, that it 
is bona fide his intention to become a citizen of the United States, and 
to renounce forever all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, and particularly, by name, to Hie 
prince, potentate, state, or sovereignty of which the alien may be at 
the time a citizen or subject. And such declaration shall set forth the 
name, age, occupation, personal description, place of birth, last for¬ 
eign residence and allegiance, the date of arrival, the name of the 
vessel, if any, in which he came to the United States, and the present 
place of residence in the United States of said alien: Provided, how¬ 
ever, That no alien who, in conformity with the law in force at the 
date of his declaration, has declared his intention to become a citizen 
of the United States shall be required to renew such declaration: 
Provided, further, That any person belonging to the class of persons 
authorized and qualified under existing law to become a citizen of the 
United States who has resided constantly in the United States dur¬ 
ing a period of five years next preceding May first, nineteen hundred 
and ten, who, because of misinformation in regard to his citizenship 
or the requirements of the law governing the naturalization of citi¬ 
zens has labored and acted under the impression that he was or could 
become a citizen of the United States and has in good faith exercised 
the rights or duties of a citizen or intended citizen of the United States 


*See rule 5 of the regulations on page 12. 

fUnited States circuit courts abolished December 31, 1911, by act of Congress ap¬ 
proved March 3, 1911 (36 Stat. L., part 1, p. 1167). 

^United States Territorial courts abolished by acts of Congress conferring statehood. 



NATURALIZATION. 


13 


because of such wrongful information and belief may, upon making a 
showing of such facts satisfactory to a court having jurisdiction to 
issue papers of naturalization to an alien, and the court in its judg¬ 
ment believes that such person has been for a period of more than five 
years entitled upon proper proceedings to be naturalized as a citizen 
of the United States, receive from the said court a final certificate of 
naturalization, and said court may issue such certificate without re¬ 
quiring proof of former declaration by or on the part of such person of 
their intention to become a citizen of the United States, but such ap¬ 
plicant for naturalization shall comply in all other respects with the 
law relative to the issuance of final papers of naturalization to aliens.* 

Second. Not less than two years nor more than seven years after he 
has made such declaration of intention he shall make and file, in dupli¬ 
cate, a petition in writing, signed by the applicant in his own hand¬ 
writing and duly verified, in which petition such applicant shall state 
his full name, his place of residence (by street and number, if possi¬ 
ble), his occupation, and, if possible, the date and place of his birth; 
the place from which he emigrated, and the date and place of his 
arrival in the United States, and, if he entered through a port, the 
name of the vessel on which he arrived; the time when and the place 
and name of the court where he declared his intention to become a 
citizen of the United States; if he is married he shall state the name 
of his wife and, if possible, the country of her nativity and her place 
of residence at the time of filing his petition; and if he has children, 
the name, date, and place of birth and place of residence of each child 
living at the time of the filing of his petition: Provided, That if he 
has filed his declaration before the passage of this act he shall not be 
required to sign the petition in his own handwriting. 

The petition shall set forth that he is not a disbeliever in or op¬ 
posed to organized government, or a member of or affiliated with any 
organization or body of persons teaching disbelief in or opposed to 
organized government, a polygamist or believer in the practice of 
polygamy, and that it is his intention to become a citizen of the 
United States and to renounce absolutely and forever all allegiance 
and fidelity to any foreign prince, potentate, state, or sovereignty, and 
particularly by name to the prince, potentate, state, or sovereignty of 
which he at the time of filing of his petition may be a citizen or sub¬ 
ject, and that it is his intention to reside permanently within the 
United States, and whether or not he has been denied admission as a 
citizen of the United States, and, if denied, the ground or grounds of 
such denial, the court or courts in which such decision was rendered, 
and that the cause for such denial has since been cured or removed, 
and every fact material to his naturalization and required to be proved 
upon the final hearing of his application. 

The petition shall also be verified by the affidavits of at least two 
credible witnesses, who are citizens of the United States, and who 
shall state in their affidavits that they have personally known the 
applicant to be a resident of the United States for a period of at 
least five years continuously, and of the State, Territory, or district 
in which the application is made for a period of at least one year 
immediately preceding the date of the filing of his petition, and that 
they each have personal knowledge that the petitioner is a person of 
good moral character, and that he is in every way qualified, in their 
opinion, to be admitted as a citizen of the United States. 

At the time of filing his petition there shall be filed with the clerk 
of the court a certificate from the Department of Labor, if the peti¬ 
tioner arrives in the United States after the passage of this act, 
stating the date, place, and manner of his arrival in the United States,f 
and the declaration of intention of such petitioner, which certificate and 
declaration shall be attached to and made a part of said petition. 


Vessel and 
port of 
arrival to be 
named. 


Children, day, 
month, and 
year of birth, 
to be stated 
on petitions, 


Anarchists, 

citizenship 

denied. 


Petition must 
be verified 
by two cred¬ 
ible witneses. 


Certificate 
from depart¬ 
ment of labor 
filed with 
clerk of 
court. 


*Last proviso added by act of June 25, 1910. 
fSee rule 5, on page 12. 



14 


CALIFORNIA ELECTION LAWS. 


Oath of 
allegiance. 


Admission to 
citizenship. 


Nobility* 
renunciation 
of titles of. 


Clerks of 
courts to post 
notice ofhear- 
ings immedi¬ 
ately after 
filing petition. 


Notice as to 
date of hear¬ 
ing must be 
posted ninety 
days. 


Restriction as 
to election 
day. 


Citizenship 

denied. 


Third. He shall, before he is admitted to citizenship, declare on oath 
in open court that he will support the Constitution of the United 
States, and that he absolutely and entirely renounces and abjures all 
allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty, and particularly by name to the prince, potentate, state, 
or sovereignty of which he was before a citizen or subject; that he 
will support and defend the Constitution and laws of the United States 
against all enemies, foreign and domestic, and bear true faith and 
allegiance to the same. 

Fourth. It shall be made to appear to the satisfaction of the court 
admitting any alien to citizenship that immediately preceding the 
date of his application he has resided continuously within the United 
States five years at least, and within the State or Territory where 
such court is at the time held one year at least, and that during that 
time he has behaved as a man of good moral character, attached to 
the principles of the Constitution of the United States, and well dis¬ 
posed to the good order and happiness of the same. In addition to 
the oath of the applicant, the testimony of at least two witnesses, citi¬ 
zens of the United States, as to the facts of residence, moral character, 
and attachment to the principles of the Constitution shall be required, 
and the name, place of residence, and occupation of each witness shall 
be set forth in the record. 

Fifth. In case the alien applying to be admitted to citizenship has 
borne any hereditary title, or has been of any of the orders of nobility 
in the kingdom or state from which he came, he shall, in addition to the 
above requisites, make an express renunciation of his title or order of 
nobility in the court to which his application is made, and his renuncia¬ 
tion shall be recorded in the court. 

Sixth. When any alien who has declared his intention to become a 
citizen of the United States dies before he is actually naturalized the 
widow and minor children of such alien may, by complying with the 
other provisions of this act, be naturalized without making any declara¬ 
tion of intention. 

Sec. 5. ..That the clerk of the court shall, immediately after filing 
the petition, give notice thereof by posting in a public and conspicu¬ 
ous place in his office, or in the building in which his office is situated, 
under an appropriate heading, the name, nativity, and residence of 
the alien, the date and place of his arrival in the United States, and 
the date, as nearly as may be, for the final hearing of his petition, and 
the names of the witnesses whom the applicant expects to summon 
in his behalf; and the clerk shall, if the applicant requests it, issue a 
subpoena for the witnesses so named by the said applicant to appear 
upon the day set for the final hearing, but in case such witnesses can 
not be produced upon the final hearing other witnesses may be sum¬ 
moned. 

Sec. 6. That petitions for naturalization may be made and filed 
during term time or vacation of the court and shall be docketed the 
same day as filed, but final action thereon shall be had only on stated 
days, to be fixed by rule of the court, and in no case shall final action 
be had upon a petition until at least ninety days have elapsed after 
filing and posting the notice of such petition: Provided, That no per¬ 
son shall be naturalized nor shall any certificate of naturalization be 
issued by any court within thirty days preceding the holding of any 
general election within its territorial jurisdiction. It shall be lawful 
at the time and as a part of the naturalization of any alien, for the 
court, in its discretion, upon the petition of such alien, to make a 
decree changing the name of said alien, and his certificate of naturali¬ 
zation shall be issued to him in accordance therewith. 

Sec. 7. That no person who disbelieves in or who is opposed to 
organized government, or who is a member of or affiliated with any 


NATURALIZATION. 


15 


organization entertaining and teaching such disbelief in or opposition 
to organized government, or who advocates or teaches the duty, neces¬ 
sity, or propriety of the unlawful assaulting or killing of any officer or 
officers, either of specific individuals or of officers generally, of the 
Government of the United States, or of any other organized government, 
because of his or their official character, or who is a polygamist, shall 
be naturalized or be made a citizen of the United States. 

Sec. 8. That no alien shall hereafter be naturalized or admitted as a 
citizen of the United States who can not speak the English language: 
Provided, That this requirement shall not apply to aliens who are physi¬ 
cally unable to comply therewith, if they are otherwise qualified to 
become citizens of the United States: And provided further, That the 
requirements of this section shall not apply to any alien who has 
prior to the passage of this act declared his intention to become a 
citizen of the United States in conformity with the law in force at the 
date of making such declaration: Provided further, That the require¬ 
ments of section eight shall not apply to aliens who shall hereafter 
declare their intention to become citizens and who shall make home¬ 
stead entries upon the public lands of the United States and comply 
in all respects with the laws providing for homestead entries on such 
lands. 

Sec. 9. That every final hearing upon such petition shall be had in 
open court before a judge or judges thereof, and every final order 
which may be made upon such petition shall be under the hand of the 
court and entered in full upon a record kept for that purpose, and 
upon such final hearing of such petition the applicant and witnesses 
shall be examined under oath before the court and in the presence of 
the court. 

Sec. 10. That in case the petitioner has not resided in the State, 
Territory, or district for a period of five years continuously and im¬ 
mediately preceding the filing of his petition he may establish by two 
witnesses, both in his petition and at the hearing, the time of his 
residence within the State, provided that it has been for more than one 
year, and the remaining portion of his five years’ residence within the 
United States required by law to be established may be proved by the 
depositions of two or more witnesses who are citizens of the United 
States, upon notice to the Bureau of Naturalization and the United 
States attorney for the district in which said witnesses may reside. 

Sec. 11. That the United States shall have the right to appear before 
any court or courts exercising jurisdiction in naturalization proceed¬ 
ings for the purpose of cross-examining the petitioner and the witnesses 
produced in support of his petition concerning any matter touching 
or in any way affecting his right to admission to citizenship, and shall 
have the right to call witnesses, produce evidence, and be heard in 
opposition to the granting of any petition in naturalization proceedings. 

Sec. 12. That it is hereby made the duty of the clerk of each and 
every court exercising jurisdiction in naturalization matters under the 
provisions of this act to keep and file a duplicate of each declaration of 
intention made before him and to send to the Bureau of Naturalization 
at Washington, within thirty days after the issuance of a certificate of 
citizenship, a duplicate of such certificate, and to make and keep on 
file in his office a stub for each certificate so issued by him, whereon 
shall be entered a memorandum of all the essential facts set forth in 
such certificate. It shall also be the duty of the clerk of each of said 
courts to report to the said bureau, within thirty days after the final 
hearing and decision of the court, the name of each and every alien 
who shall be denied naturalization, and to furnish to said bureau dupli¬ 
cates of all petitions within thirty days after the filing of the same, 
and certified copies of such other proceedings and orders instituted in or 
issued out of said court affecting or relating to the naturalization of 
aliens as may be required from time to time by the said bureau. 

In case any such clerk or officer acting under his direction shall 
refuse or neglect to comply with any of the foregoing provisions he 


Homestead 
entries, aliens 
making, not 
required to 
speak Eng¬ 
lish. 


Certificate 
not to be 
issued without 
order signed 
by judge. 


Establishing 
residence out¬ 
side of State, 
notice to be 
given bureau. 


Clerks of 
courts to file 
copy of each 
declaration. 


To forward 
papers to 
bureau within 
thirty days, 
penalty for 
failure. 


CALIFORNIA ELECTION LAWS. 


16 


/ 


Clerks of 
courts shall be 
responsible for 
all blank 
certificates, 
received by 
them from 
bureau. 


Clerks of 
courts shall 
collect an 
account for 
following fees. 


Amount to be 
retained by 
the clerk. 


Deposit to be 
made with 
clerk. 


Witnesses to 
receive usual 
fees. 


shall forfeit and pay to the United States the sum of twenty-five dol¬ 
lars in each and every case in which such violation or omission occurs, 
and the amount of such forfeiture may be recovered by the United 
States in an action of debt against such clerk. 

Clerks of courts having and exercising jurisdiction in naturalization 
matters shall be responsible for all blank certificates of citizenship 
received by them from time to time from the bureau of Naturaliza¬ 
tion, and shall account for the same to the said bureau whenever 
required so to do by such bureau. No certificate of citizenship received 
by any such clerk which may be defaced or injured in such manner as 
to prevent its use as herein provided shall in any case be destroyed, 
but such certificate shall be returned to the said bureau; and in case 
any such clerk shall fail to return or properly account for any certifi¬ 
cate furnished by the said bureau, as herein provided, he shall be liable 
to the United States in the sum of fifty dollars, to be recovered in an 
action of debt, for each and every certificate not properly accounted for 
or returned. 

Sec. 13.* That the clerk of each and every court exercising juris¬ 
diction in naturalization cases shall charge, collect, and account for 
the following fees in each proceeding: 

For receiving and filing a declaration of intention and issuing a 
duplicate thereof, one dollar. 

For making, filing, and docketing the petition of an alien for admis¬ 
sion as a citizen of the United States and for the final hearing thereon, 
two dollars; and for entering the final order and the issuance of the 
certificate of citizenship thereunder, if granted, two dollars. 

The clerk of any court collecting such fees is hereby authorized to 
retain one-half of the fees collected by him in such naturalization 
proceeding; the remaining one-half of the naturalization fees in each 
case collected by such clerks, respectively, shall be accounted for in 
their quarterly accounts, '-which they are hereby required to render the 
Bureau of Naturalization^ and paid over to such bureau within thirty 
days from the close of, each quarter in each and every fiscal year, 
and the moneys so received shall be paid over to the disbursing clerk 
of the Department of Labor, who shall thereupon deposit them in 
the Treasury of the United States, rendering an account therefor quar¬ 
terly to the Auditor for the State and other Departments, and the 
said disbursing clerk shall be held responsible under his bond for 
said fees so received. 

In addition to the fees herein required, the petitioner shall, upon 
the filing of his petition to become a citizen of the United States, 
deposit with and pay to the clerk of the court a sum of money suffi¬ 
cient to cover the expenses of subpoenaing and paying the legal fees 
of any witnesses for whom he may request a subpoena, and upon the 
final discharge of such witnesses they shall receive, if they demand 
the same from the clerk, the customary and usual witness fees from 
the moneys which the petitioner shall have paid to such clerk for 

such purpose, and the residue, if any, shall be returned by the clerk 
to the petitioner: Provided, That the clerks of courts exercising juris¬ 
diction in naturalization proceedings shall be permitted to retain one- 
half of the fees in any fiscal year up to the sum of three thousand 

dollars, and that all fees received by such clerks in naturalization pro¬ 
ceedings in excess of such amount shall be accounted for and paid 

over to said bureau as in case of other fees to which the United 
States may be entitled under the provisions of this act. The clerks 
of the various courts exercising jurisdiction in naturalization proceed¬ 
ings shall pay all additional clerical force that may be required in 
performing the duties imposed by this act upon the clerks of courts 
from fees received by such clerks in naturalization proceedings. 


*Section 13 as amended by act of June 25, 1910. 




NATURALIZATION. 


17 


And in case the clerk of any court exercising naturalization jurisdic¬ 
tion collects fees in excess of the sum of six thousand dollars in any 
fiscal year the Secretary of Labor may allow salaries, for naturalization 
purposes only, to pay for clerical assistance, to be selected and employed 
by that clerk, additional to the clerical force, for which clerks of courts 
are required by this section to pay from fees received by such clerks in 
naturalization proceedings, if in the opinion of said Secretary the nat¬ 
uralization business of such clerk warrants further additional assistance: 
Provided, That in no event shall the whole amount allowed the clerk of a 
court and his assistants exceed the one-half of the gross receipts of the 
office of said clerk from naturalization fees during such fiscal year: 
Provided further, That when, at the close of any fiscal year, the business 
of such clerk of court indicates in the opinion of the Secretary of Labor 
that the naturalization fees for the succeeding fiscal year will exceed six 
thousand dollars the Secretary of Labor may authorize the continuance 
of the allowance of salaries for the additional clerical assistance herein 
provided for and employed on the last day of the fiscal year until such 
time as the remittances indicate in the opinion of said Secretary that 
the fees for the then current fiscal year will not be sufficient to allow 
the additional clerical assistance authorized by this act. 

That payment for the additional clerical assistance herein author¬ 
ized shall be in the manner and under such regulations as the Secretary 
of Labor may prescribe. 

Sec. 14. That the declarations of intention and the petitions for natu¬ 
ralization shall be bound in chronological order in separate volumes, in¬ 
dexed, consecutively numbered, and made part of the records of the court. 
Each certificate of naturalization issued shall bear upon its face, in a 
place prepared therefor, the volume number and page number of the 
petition whereon such certificate was issued, and the volume number and 
page number of the stub of such certificate. 

Sec. 15. That it shall be the duty of tl.e United States district attor¬ 
neys for the respective districts, upon affidavit showing good cause there¬ 
for, to institute proceedings in any court having jurisdiction to natu¬ 
ralize aliens in the judicial district in which the naturalized citizen may 
reside at the time of bringing the suit, for the purpose of setting aside 
and canceling the certificate of citizenship on the ground of fraud or on 
the ground that such certificate of citizenship was illegally procured. In 
any such proceedings the party holding the certificate of citizenship 
alleged to have been fraudulently or illegally procured shall have sixty 
days personal notice in which to make answer to the petition of the 
United States; and if the holder of such certificate be absent from the 
United States or from the district in which he last had his residence, 
such notice shall be given by publication in the manner provided for the 
service of summons by publication or upon absentees by the laws of the 
State or the place where such suit is brought. 

If any alien who shall have secured a certificate of citizenship under 
the provisions of this act shall, within five years after the issuance of 
such certificate, return to the country of his nativity, or go to any other 
foreign country, and take permanent residence therein, it shall be con¬ 
sidered prima facie evidence of a lack of intention on the part of such 
alien to become a permanent citizen of the United States at the time of 
filing his application for citizenship, and, in the absence of countervailing 
evidence, it shall be sufficient in the proper proceeding to authorize the 
cancellation of his certificate of citizenship as fraudulent, and the diplo¬ 
matic and consular officers of the United States in foreign countries shall 
from time to time, through the Department of State, furnish the Depart¬ 
ment of Justice with the names of those within their respective jurisdic¬ 
tions who have such certificates of citizenship and who have taken per¬ 
manent residence in the country of their nativity, or in any other foreign 
country, and such statements, duly certified, shall be admissible in evi¬ 
dence in all courts in proceedings to cancel certificates of citizenship. 


Clerical 
assistance 
when annual 
fees exceed 
$ 6 , 000 . 


Exceptions. 


Papers, how 
to be bound 
and indexed. 


District at¬ 
torney, dimes 
as to cancella¬ 
tion proceed¬ 
ings. 


Certificates 
of naturaliza¬ 
tion invali¬ 
dated by 
permanent 
residence 
abroad. 


How 

cancelled. 


18 


CALIFORNIA ELECTION LAWS. 


Duty of 
clerk of 
court when 
certificates 
are canceled. 


Penalties for 
issuing certifi¬ 
cates contrary 
to this act. 


Wilful neglect 
to render 
truthful 
accounts. 


Embezzle¬ 

ment. 


Additional 
fees not to be 
charged. 


Witnesses, 
penalty for 
perjury. 


Procuring 
Naturalization 
in violation 
of this act. 


Whenever any certificate of citizenship shall be set, aside or canceled, 
as herein provided, the couit in which such judgment or decree is ren¬ 
dered shall make ari order canceling such certificate of citizenship and 
shall send a certified copy of such order to the Bureau of Naturalization; 
and in case such certificate was not originally issued by the court making 
such order it shall direct the clerk of the court to transmit a copy of 
such order and judgment to the court out of which such certificate of 
citizenship shall have been originally issued. And it shall thereupon be 
the duty, of the clerk of the court receiving such certified copy of the order 
and judgment of the court to enter the same of record and to cancel such 
original certificate of citizenship upon the records and to notify the 
Bureau of Naturalization of such cancellation. 

The provisions of this section shall apply not only to certificates of 
citizenship issued, under, the provisions of this act, but to all certificates 
of citizenship which may have been issued heretofore by any court exer¬ 
cising jurisdiction in naturalization proceedings under prior laws. 

Sec. 16. [Superseded by act of March 4, 1909. See section 74, page 26.] 

Sec. 17. [Superseded by act of March 4, 1909. See section 75, page 26.] 

Sec. 18. That it is hereby made a felony for any clerk or other person 
to issue or be a party to the issuance of a certificate of citizenship con¬ 
trary to the provisions of this act, except upon a final order under the 
hand of a court having jurisdiction to make such order, and upon con¬ 
viction thereof such clerk or other person shall be punished by imprison¬ 
ment for not more than five years and by a fine of not more than five 
thousand dollars, in the discretion of the court. 

Sec. 19. [ Superseded by act of March 4, 1909. See section 77, page 26.] 

Sec. 20. That any clerk or other officer of a court having power under 
this act to naturalize aliens, who wilfully neglects to render true accounts 
of moneys received by him for naturalization proceedings or who will¬ 
fully neglects to pay over any balance of such moneys due to the United 
States within thirty days after said payment shall become due and demand 
therefor has been made and refused, shall be deemed guilty of embezzle¬ 
ment of the public moneys, and shall be punishable by imprisonment for 
not more than five years, or by a fine of not more than five thousand 
dollars, or both. 

Sec. 21. That it shall be unlawful for any clerk of any court or his 
authorized deputy or assistant exercising jurisdiction in naturalization 
proceedings to demand, charge, collect, or receive any other or additional 
fees or moneys in naturalization proceedings save the fees and moneys 
herein specified; and a violation of any of the provisions of this section 
or any part thereof is hereby declared to be a misdemeanor and shall 
be punished by imprisonment for not more than two years, or by a fine 
of not more than one thousand dollars, or by both such fine and imprison¬ 
ment. 

Sec. 22. That the clerk of any court exercising jurisdiction in natu¬ 
ralization proceedings, or any person acting under authority of this act, 
who shall knowingly certify that a petitioner, affiant, or witness named 
in an affidavit, petition, or certificate of citizenship, or other paper or 
writing required to be executed under the provisions of this act, per¬ 
sonally appeared before him and was sworn thereto, or acknowledged the 
execution thereof or signed the same, when in fact such petitioner, affiant, 
or witness did not personally appear before him, or was not sworn thereto, 
or did not execute the same, or did not acknowledge the execution there¬ 
of, shall be punished by a fine not exceeding five thousand dollars, or by 
imprisonment not to exceed five years. 

Sec. 23. That any person who knowingly procures naturalization in 
violation of the provisions of this act shall be fined not more than five 
thousand dollars, or shall be imprisoned not more than five years, or 
both, and upon conviction the court in which such conviction is had shall 
thereupon adjudge and declare the final order admitting such person to 
citizenship void. Jurisdiction is hereby conferred on the courts having 


NATURALIZATION. 


19 


jurisdiction of the trial of such offense to make such adjudication. Any 

person who knowingly aids, advises, or encourages any person not entitled 

thereto to apply for or to secure naturalization, or to file the preliminary 

papers declaring an intent to become a citizen of the United States, or 

who in any naturalization proceeding knowingly procures or gives false Penalties. 

testimony as to any material fact, or who knowingly makes an affidavit 

false as to any material fact required to be proved in such proceeding, 

shall be fined not more than five thousand dollars, or imprisoned not more 

than five years, or both. 

Sec. 24. That no person shall be prosecuted, tried, or punished for any 
crime arising under the piovisions of this act unless the indictment is 
found or the information is filed within five years next after the com¬ 
mission of such crime. 

Sec. 25. That for the purpose of the prosecution of all crimes and Prosecution 

crimes 

offenses against the naturalization laws of the United States which may committed, 
have been committed prior to the date when this act shall go into effect, prior to this 
the existing naturalization laws shall remain in full force and effect. date - 

Sec. 26. That sections twenty-one hundred and sixty-five, twenty-one ® ^setTsut 
hundred and sixty-seven, twenty-one hundred and sixty-eight, twenty-one utl^repeaied. 
hundred and seventy-three of the Revised Statutes of the United States 
of America, and section thirty-nine of chapter one thousand and twelve 
of the Statutes at Large of the United States of America for the year 
nineteen hundred and three, and all acts or parts of acts inconsistent with 
or repugnant to the provisions of this act are hereby repealed. 

Sec. 27. That substantially the following forms shall be used in the 
proceedings to which they relate: 

DECLARATION OF INTENTION. 

(Invalid for all purposes seven years after the date hereof.) 

.. ss: 

I, .. aged . years, occupation ., do declare Declaration 

on oath (affirm) that my personal description is: Color ., com- of intention. 

plexion ., height ., weight ., color of hair ., 

color of eyes .. other visible distinctive marks .; I was 

born in . on the . day of ., anno Domini .; I 

now reside at .; I emigrated to the United States of America 

from . on the vessel .; my last foreign residence was . 

It is my bona fide intention to renounce forever all allegiance and fidelity 
to any foreign prince, potentate, state, or sovereignty, and particularly Form of. 

to ., of which I am now a citizen (subject); I arrived at the (port) 

of ., in the State (Territory or District) of ., on or about 

the . day of ., anno Domini .; I am not an anarchist; 

I am not a polygamist nor a believer in the practice of polygamy; and 
it is my intention in good faith to become a citizen of the United States 
of America and to permanently reside therein. So help me God. 

(Original signature of declarant) ... 

Subscribed and sworn to (affirmed) before me this . day of 

., anno Domini . 

[L. S.] .* 

(Official character of attestor.) 

PETITION FOR NATURALIZATION. 

. Court of . 

In the matter of the petition of . to be admitted as 

citizen of the United States of America. 

To the . Court: 

The petition of . respectfully shows: 

First. My full name is . 


Petition for 
naturaliza¬ 
tion. 







































20 


CALIFORNIA ELECTION LAWS. 


Form of. 


Affidavit of 
witnesses. 


Second. My place of residence is number .. street, city 

of ., State (Territory or District) of . 

Third. My occupation is . 

Fourth. I was born on the . day of . at . 

Fifth. I emigrated to the United States from ., on or about 

the . day of ., anno Domini ., and arrived at the port 

of ., in the United States, on the vessel .... 

Sixth. I declared my intention to become a citizen of the United 
States on the.day of.. at., in the.court of. 

Seventh. I am .... married. My wife’s name is . She 

was born in . and now resides at ... I have . children, 

and the name, date, and place of birth and place of residence of each of 
said children is as follows: .; .; . 

Eighth. I am not a disbeliever in or opposed to organized govern¬ 
ment or a member of or affiliated with any organization or body of per¬ 
sons teaching disbelief in organized government. I am not a polygamist 
nor a believer in the practice of polygamy. I am attached to the prin¬ 
ciples of the Constitution of the United States, and it is my intention to 
become a citizen of the United States and to renounce absolutely and 
forever all allegiance and fidelity to any foreign prince, potentate, state, 

or sovereignty, and particularly to ., of which at this time I am a 

citizen (or subject), and it is my intention to reside permanently in the 
United States. 

Ninth. I am able to speak the English language. 

Tenth. I have resided continuously in the United States of America 
for a term of five years at least immediately preceding the date of this 

petition, to wit, since ., anno Domini ., and in the State 

(Territory or District) of . for one year at least next preceding 

the date of this petition, to wit, since . day of ., anno 

Domini . 

Eleventh. I have not heretofore made petition for citizenship to any 

court. (I made petition for citizenship to the . court of . 

at ., and the said petition was denied by the said court for the 

following reasons and causes, to wit ., and the cause of 

such denial has since been cured or removed.) 

Attached hereto and made a part of this petition are my declaration 
of intention to become a citizen of the United States and the certificate 
from the Department of Labor required by law. Wherefore your peti¬ 
tioner prays that he may be admitted a citizen of the United States 
of America. 

Dated . 

(Signature of petitioner) ... 

..., ss: 

., being duly sworn, deposes and says that he is the 

petitioner in the above-entitled proceeding; that he has read the fore¬ 
going petition and knows the contents thereof; that the same is true of 
his own knowledge, except as to matters therein stated to be alleged 
upon information and belief, and that as to those matters he believes it 
to be true. 

Subscribed and sworn to before me this . day of .. anno 

Domini . 

[L. S.] .. 

Clerk of the . Court. 

AFFIDAVIT OF WITNESSES. 

. Court of .. 

In the matter of the petition of . to be admitted a 

citizen of the United States of America. 

.. ss: 

., occupation ., residing at ., and . 

occupation ., residing at ., each being severally, duly, and 

respectively sworn, deposes and says that he is a citizen of the United 

























































NATURALIZATION. 


21 


States of America; that he has personally known ., the 

petitioner above mentioned, to be a resident of the United States for a 
period of at least five years continuously immediately preceding the 
date of filing his petition, and of the State (Territory or District) in 

which the above-entitled application is made for a period of . years 

immediately preceding the date of filing his petition; and that he has 
personal knowledge that the said petitioner is a person of good moral 
character, attached to the principles of the Constitution of the United 
States, and that he is in every way qualified, in his opinion, to be ad¬ 
mitted as a citizen of the United States. 


Subscribed and sworn to before me this . day of ., nine¬ 
teen hundred and . 

[L. S.] 

. t 

(Official character of attestor.) 
CERTIFICATE OF NATURALIZATION. 


Number . 

Petition, volume ., page . 

Stub, volume ., page . 

(Signature of holder) . 

Description of holder: Age, .; height, .; color, .; 

complexion, .; color of eyes, .; color of hair, .; visi¬ 
ble distinguishing marks, . Name, age, and place of residence 

of wife, ., ., . Names, ages, and places of residence 

of minor children, ., ., .; ., ., .; ., 


., ss: 

Be it remembered, that at a . term of the . court of ., 

held at . on the . day of ., in the year of our Lord 

nineteen hundred and ., ., who previous to his (her) natu¬ 
ralization was a citizen (or subject) of ., at present residing at 

number . street, .city (town), . (State Terri¬ 

tory or District), having applied to be admitted a citizen of the United 
States of America pursuant to law, and the court having found that the 
petitioner had resided continuously within the United States for at least 
five years and in this State for one year immediately preceding the date 
of the hearing of his (her) petition, and that said petitioner intends to 
reside permanently in the United States, had in all respects complied 
with the law in relation thereto, and that ....he was entitled to be so ad¬ 
mitted, it was thereupon ordered by the said court that ....he be admitted 
as a citizen of the United States of America. 

In testimony whereof the seal of said court is hereunto affixed on 

the . day of .. in the year of our Lord nineteen hundred 

and . and of our independence the . 


-. 9 

[L. S.] (Official character of attestor.) 

STUB OF CERTIFICATE OF NATURALIZATION. 

No. of certificate, . 

Name, .; age, . 


Declaration of intention, volume ., page . 

Petition, volume ., page . 

Name, age, and place of residence of wife, ., ., . Names, 

ages, and places of residence of minor children, ., ., .; ., 


Date of order, volume ., page . 

(Signature of holder) 


Naturalization 


Form of. 


Stub of cer¬ 
tificate of nat¬ 
uralization. 




















































































Secretary of 
Labor to 
make rules 
and regula¬ 
tions. 


Appropria¬ 

tion. 


Revised stat¬ 
utes not 
applicable. 

Island posses¬ 
sions, status 
of inhabi¬ 
tants of 


When appli¬ 
cant becomes 
insane. 


Aliens honor¬ 
ably dis¬ 
charged from 
military 
service. 


22 


CALIFORNIA ELECTION LAWS. 


Sec. 28. That the Secretary of Labor shall have power to make such 
rules and regulations as may be necessary for properly carrying into 
execution the various provisions of this act. Certified copies of all papers, 
documents, certificates, and records required to be used, filed, recorded, 
or kept under any and all of the provisions of this act shall be admitted 
in evidence equally with the originals in any and all proceedings under 
this act and in all cases in which the originals thereof might be ad¬ 
missible as evidence. 

Sec. 29. That for the purpose of carrying into effect the provisions of 
this act there is hereby appropriated the sum of one hundred thousand 
dollars, out of any moneys in the Treasury of the United States not 
otherwise appropriated, which appropriation shall be in full for.the objects 
hereby expressed until June thirtieth, nineteen hundred and seven; and 
the provisions of section thirty-six hundred and seventy-nine of the Re¬ 
vised Statutes of the United States shall not be applicable in any way 
to this appropriation. 

Sec. 3 Cl That all the applicable provisions of the naturalization laws 
of the United States shall apply to and be held to authorize the admission 
to citizenship of all persons not citizens who owe permanent allegiance 
to the United States, and who may become residents of any State or 
organized Territory of the United States, with the following modifications: 
The applicant shall not be required to renounce allegiance to any foreign 
sovereignty; he shall make his declaration of intention to become a citizen 
of the United States at least two years prior to his admission; and res¬ 
idence within the jurisdiction of the United States, owing such permanent 
allegiance, shall be regarded as residence within the United States within 
the meaning of the five years’ residence clause of the existing law. 

Sec. 31. That this act shall take effect and be in force from and after 
ninety days from the date of its passage: Provided, That sections one, 
two, twenty-eight, and twenty-nine shall go into effect from and after 
the passage of this act. 

Approved, June 29, 1906. 

Act of February 24, 1911 (36 Stat. L., Pt. 1, P. 929). An act providing 
for the naturalization of the wife and minor children of insane aliens 
making homestead entries under the land laws of the United States. 
Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That when any alien, who has 
declared his intention to become a citizen of the United States, becomes 
insane before he is actually naturalized, and his wife shall thereafter 
make a homestead entry under the land laws of the United States, she 
and their minor children may, by complying with the other provisions 
of the naturalization laws, be naturalized without making any declaration 
of intention. 

Approved, February 24, 1911. 

[In regard to the acquisition of citizenship by other means than naturalization, see secs. 

1992, 1993, and 1995 of the United States Revised Statutes.] 

UNITED STATES REVISED STATUTES. 

CITIZENSHIP, TITLE XXV. 

Sec. 1994. Citizenship of women by marriage. Any woman who is now 

or may hereafter be married to a citizen of the United States, and who 
might herself be lawfully naturalized, shall be deemed a citizen. 

NATURALIZATION,* TITLE XXX. 

Sec. 2166. Honorably discharged soldiers exempt from certain for¬ 
malities. Any alien, of the age of twenty-one years and upward, who 
has enlisted, or may enlist, in the armies of the United States, either 
the regular or the volunteer forces, and has been, or may be hereafter 


*For list of sections repealed, see sec. 26 of act of June 29, 1906, page 19. 



NATURALIZATION. 


23 


honorably discharged, shall be admitted to become a citizen of the United 
States, upon his petition, without any previous declaration of his inten¬ 
tion to become such; and he shall not be required to prove more than 
one yeai’s residence within the United States previous to his application 
to become such citizen; and the court admitting such alien shall, in ad¬ 
dition to such proof of residence and good moral character, as now pro¬ 
vided by law, be satisfied by competent proof of such person’s having 
been honorably discharged from the service of the United States. 

Sec. 2169. Aliens of African nativity and descent (as amended, 1875). 

The provisions of this title shall apply to aliens being free white per¬ 
sons and to aliens of Afiican nativity and to persons of African descent. 

Sec. 2170.t Residence within the United States required for five years 
continuously. No alien shall be admitted to become a citizen who has 
not for the continued term of five years next preceding his admission 
resided within the United States. 

Sec. 2171. Naturalization to alien enemies prohibited. No alien who 
is a native citizen or subject, or a denizen of any country, State, or 
sovereignty with which the United States are at war, at the time of his 
application, shall be then admitted to become a citizen of the United 
States; but persons resident within the United States, or the Territories 
thereof, on the eighteenth day of June, in the year one thousand eight 
hundred and twelve, who had before that day made a declaration, accord¬ 
ing to law, of their intention to become citizens of the United States, or 
who were on that day entitled to become citizens without making such 
declaiation. may be admitted to become citizens thereof, notwithstanding 
they were alien enemies at the time and in the manner prescribed by the 
laws heretofore passed on that subject; nor shall anything herein con¬ 
tained be taken or construed to interfere with or prevent the apprehen¬ 
sion and removal, agreeably to law, of any alien enemy at any time piev- 
ious to the actual naturalization of such alien. 

Sec. 2172. Children of persons naturalized under certain laws to be 
citizens. The children of persons who have been duly naturalized under 
any law of the United States, or who, previous to the passing of any law 
on that subject, by the Government of the United States, may have become 
citizens of any one of the States, under the laws thereof, being under the 
age of twenty-one years at the time of the naturalization of their parents, 
shall, if dwelling in the United States, be considered as citizens thereof; 
and the children of persons who now are, or have been, citizens of the 
United States, shall, though born out of the limits and jurisdiction of 
the United States, be considered as citizens thereof; but no person 
heietofore proscribed by any State, or who has been legally convicted 
of having joined the army of Great Britain during the Revolutionary 
War, shall be admitted to become a citizen without the consent of the 
legislature of the State in which such person was proscribed. 

Sec. 2174. Alien seamen of merchant vessels. Every seaman, being 
a foreigner, who declares his intention of becoming a citizen of the United 
States in any competent court, and shall have served three years on board 
of a merchant vessel of the United States subsequent to the date of such 
declaration, may on his application to any competent court, and the pro¬ 
duction of his certificate of discharge and good conduct during that time, 
together with the certificate of his declaration of intention to become a 
citizen, be admitted a citizen of the United States; and every seaman, 
being a foreigner, shall, after his declaration of intention to become a 
citizen of the United States, and after he shall have served such three 
years, be deemed a citizen of the United States for the purpose of man¬ 
ning and serving on board any merchant vessel of the United States, any¬ 
thing to the contrary in any act of Congress notwithstanding; but such 
seaman shall, for all purposes of protection as an American citizen, be 


Residence 
abroad length 
of, required. 


In case of 
war. 


Alien 

enemies. 


Status of 
children of 
naturalized 
parents. 


tThe United States Circuit Court of Appeals has held that this section was not 
repealed bv the naturalization act of June 21), 1906. (See United States v. Rodiek, 
162 Fed., 469.) 



24 


CALIFORNIA ELECTION LAWS. 


Exemptions 
of honorably 
discharged 
aliens. 


To overcome 
presump¬ 
tion of. 


Women, 
American, 
status, who 
marry for¬ 
eigner. 


deemed such, after the filing of his declaration of intention to become 
such citizen. 

TWENTY-SECOND STATUTES AT LARGE, PAGE 61. 

[Act of May 6, 1882.] 

Sec. 14. Naturalization of Chinese prohibited. That hereafter no State 
court or court of the United States shall admit Chinese to citizenship; 
and all laws in conflict with this act are hereby repealed. 

TWENTY-EIGHTH STATUTES AT LARGE, PAGE 124. 

[Act of July 26, 1894.] 

Aliens honorably discharged from service in Navy or Marine Corps. 

Any alien of the age of twenty-one years and upwaid who has enlisted 
or may enlist in the United States Navy or Marine Corps, and has served 
or may hereafter serve five consecutive years in the United States Navy 
or one enlistment in the United States Marine Corps, and has been or 
may hereafter be honorably discharged, shall be admitted to become a 
citizen of the United States upon his petition, without any previous de¬ 
claration of his intention to become such; and the court admitting such 
alien shall, in addition to proof of good moral character, be satisfied by 
competent proof of such person’s service in and honorable discharge 
from the United States Navy or Marine Corps. 

THIRTY-FOURTH STATUTES AT LARGE, PAGE 1228. 

[Act of March 2, 1907.] 

An act in reference to the expatriation of citizens and their protection 
abroad. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the Secretary 
of State shall be authorized, in his discretion, to issue passports to per¬ 
sons not citizens of the United States as follows: Where any person 
has made a declaration of intention to become such a citizen as provided 
by law and has resided in the United States for three years a passport 
may be issued to him entitling him to the protection of the Government 
in any foreign country: Provided, That such passport shall not be valid 
for more than six months and shall not be renewed, and that such pass¬ 
port shall not entitle the holder to the protection of this Government in 
the country of which he was a citizen prior to making such declaration 
of intention. 

Sec. 2. That any American citizen shall be deemed to have expatriated 
himself when he has been naturalized in any foreign state in conformity 
with its laws, or when he has taken an oath of allegiance to any foreign 
state. 

When any naturalized citizen shall have resided for two years in the 
foreign state from which he came, or for five years in any other foreign 
state it shall be presumed that he has ceased to be an American citizen, 
and the place of his general abode shall be deemed his place of residence 
during said years: Provided, however, That such presumption may be 
overcome on the presentation of satisfactory evidence to a diplomatic 
or consular officer of the United States, under such rules and regulations 
as the Department of State may presciibe: And provided also, That no 
American citizen shall be allowed to expatriate himself when this country 
is at war. 

Sec. 3. That any American woman who marries a foreigner shall take 
the nationality of her husband. At the termination of the marital relation 
she may resume her American citizenship, if abroad, by registering as 
an American citizen within one year with a consul of the United States, 
or by returning to reside in the United States, or, if residing in the United 
States at the termination of the marital relation, by continuing to reside 
therein. 


NATURALIZATION. 


25 


Sec. 4. That any foreign woman who acquires American citizenship 
by marriage to an American shall be assumed to retain the same after 
the termination of the marital relation if she continue to reside in the 
United States, unless she makes formal renunciation thereof before a 
court having jurisdiction to naturalize aliens, or if she resides abroad 
she may retain her citizenship by registering as such before a United 
States consul within one year after the termination of such marital 
relation. 

Sec. 5. That a child born without the United States of alien parents 
shall be deemed a citizen of the United States by virtue of the natural¬ 
ization of or resumption of American citizenship by the parent: Pro¬ 
vided, That such naturalization or resumption takes place during the 
minority of such child: And provided further, That the citizenship of 
such minor child shall begin at the time such minor child begins to reside 
permanently in the United States. 

Sec. 6. That all children born outside the limits of the United States 
who are citizens thereof in accordance with the provisions of section 
nineteen hundred and ninety-three of the Revised Statutes of the United 
States and who continue to reside outside the United States shall, in 
order to receive the protection of this Government, be required upon 
reaching the age of eighteen years to record at an Amrican consulate 
their intention to become residents and remain citizens of the United 
States and shall be further required to take the oath of allegiance to 
the United States upon attaining their majority. 

Sec. 7. That duplicates of any evidence, registration, or other acts 
required by this Act shall be filed with the Department of State for record. 

ACTS TO VALIDATE CERTAIN CERTIFICATES OF NATURALIZATION 

[Act of June 29, 1906.] 

Thirty-fourth Statutes at Large, page 630. Be it enacted by the Senate 
and House of Representatives of the United States of America in Con¬ 
gress assembled, That naturalization certificates issued after the act 
approved March third, nineteen hundred and three, entitled “An act to 
regulate the immigration of aliens into the United States,” went into 
effect, which fail to show that the courts issuing said certificates com¬ 
plied with the requirements of section thirty-nine of said act, but which 
were otherwise lawfully issued, are hereby declared to be as valid as 
though said certificates complied with said section: Provided, That in 
all such cases applications shall be made for new naturalization certifi¬ 
cates, and when the same are granted, upon compliance with the pro¬ 
visions of said act of nineteen hundred and three, they shall relate back 
to the defective certificates, and citizenship shall be deemed to have been 
perfected at the date of the defective certificate. 

Sec. 2. That all the records relating to naturalization, all declarations 
of intention to become citizens of the United States, and all certificates 
of naturalization filed, recorded, or issued prior to the time when this 
act takes effect in or from the criminal court of Cook County, Illinois, 
shall for all purposes be deemed to be and to have been made, filed, re¬ 
corded, or issued by a court with jurisdiction to naturalize aliens, but 
shall not be by this act further validated or legalized. 

[Act of August 24, 1912.] 

Sec. 9. Thirty-seventh Statutes at Large, part I, page 487. All of the 

records relating to naturalization or declarations of intention to become 
citizens of the United States and all certificates of naturalization filed, 
recorded, or issued prior to an act to validate certain certificates of 
naturalization approved June twenty-ninth, nineteen hundred and six, 
in or from the Louisville city court, sometimes called the Louisville 
police court, Kentucky, shall for all purposes be deemed to be and to 
have made, filed, recorded, or issued by a court with jurisdiction to 
naturalize aliens, but shall not be by this act further validated or legalized. 


Foreign 
woman who 
acquires 
American cit 
izenship by 
marriage. 


Children born 
abroad to 
retain citizen¬ 
ship by reg¬ 
istering. 


Certain cer¬ 
tificates val¬ 
idated. 


Records of 
Cook County, 
Ulionis. 


Records, etc., 
of Louisville, 
Kentucky. 


CALIFORNIA ELECTION LAWS. 


L't) 


Validation of 
certain cer¬ 
tificates. 


Forgery. 


Engraving 
plate in 
likeness or 
selling any 
such plate. 


Penalty. 


Disposing of 
certificates of 
citizenship. 


Receiving cer¬ 
tificate know¬ 
ing same to be 
fraudulently 
offered. 


[Act of June 23, 1913, Public No. 3.] 

Sec. 4. That all of the records relating to naturalization or declara¬ 
tions of intention to become citizens of the United States and all cer¬ 
tificates of naturalization filed, recorded, or issued prior to an act to 
validate certain certificates of naturalization approved June twenty-ninth, 
nineteen hundred and six, in or from the county court of Davidson 
County, Tennessee, shall for all purposes be deemed to be and to have 
been made, filed, recorded, or issued by a court with jurisdiction to 
naturalize aliens, but shall not be by this act further validated or legalized. 

The following sections repeal sections 16, 17, and 19 of the act of 
June 29, 1906: 

THIRTY-FIFTH STATUTES AT LARGE, PAGE 1102. 

[Act of March 4, 1909.] 

Sec. 74. An act to codify, revise, and amend the penal laws of the 
United States. Whoever shall falsely make, forge, or counterfeit, or cause 
or procure to be falsely made, forged, or counterfeited, or shall know¬ 
ingly aid or assist in falsely making, forging, or counterfeiting any cer¬ 
tificate of citizenship, with intent to use the same, or with the intent 
that the same may be used by some other person, shall be fined not more 
than ten thousand dollars, or imprisoned not more than ten years, or both. 

Sec. 75. Whoever shall engrave, or cause or procure to be engraved, 
or assist in engraving, any plate in the likeness of any plate designed 
for the printing of a certificate of citizenship; or whoever shall sell any 
such plate, or shall bring into the United Srates from any foreign place 
any such plate, except under the direction of the Secretary of Labor or 
other proper officer; or whoever shall have in his control, custody, or 
possession any metallic plate engraved after the similitude of any plate 
from which any such certificate has been printed, with intent to use or 
to suffer such plate to be used in forging or counterfeiting any such cer¬ 
tificate or any part thereof; or whoever shall print, photograph, or in any 
manner cause to be printed, photographed, made, or executed, any print 
or impression in the likeness of any such certificate, or any part thereof; 
or whoever shall sell any such certificate, or shall bring the same into 
the United States from any foreign place, except by direction of some 
proper officer of the United States; or whoever shall have in his posses¬ 
sion a distinctive paper which has been adopted by the proper officer 
of the United States for the printing of such ceitificate, with intent un¬ 
lawfully to use the same, shall be fined not more than ten thousand 
dollars, or imprisoned not more than ten years, or both. 

Sec. 76. Whoever, when applying to be admitted a citizen, or when 
appearing as a witness for any such person, shall knowingly personate 
any person other than himself, or shall falsely appear in the name of 
a deceased person, or in an assumed or fictitious name; or whoever shall 
falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, 
order, record, signature, or other instrument, paper, or proceeding re¬ 
quired or authorized by any law relating to or providing for the natu¬ 
ralization of aliens; or whoever shall utter, sell, dispose of, or shall use 
as true or genuine, for any unlawful purpose, any false, forged, antedated, 
or counterfeit oath, notice, certificate, order, record, signature, instru¬ 
ment, paper, or proceeding above specified; or whoever shall sell or dis¬ 
pose of to any person other than the person for whom it was originally 
issued any certificate of citizenship or certificate showing any person 
to be admitted a citizen, shall be fined not more than one thousand dollars, 
or imprisoned not more than five years, or both. 

Sec. 77. Whoever shall use or attempt to use, or shall aid, assist, or 
participate in the use of any certificate of citizenship, knowing the same 
to be forged, counterfeit, or antedated, or knowing the same to have been 
piocured by fraud or otherwise unlawfully obtained; or whoever, without 
lawful excuse, shall knowingly possess any false, forged, antedated, or 
counterfeit certificate of citizenship purporting to have been issued under 


NATURALIZATION. 


any law of the United States relating to naturalization, knowing such 
certificate to be false, forged, antedated, or counterfeit, with the intent 
unlawfully to use the same; or whoever shall obtain, accept, or receive 
any certificate of citizenship, knowing the same to have been procured 
by fraud or by the use or means of any false name or statement given 
or made with the intent to procure, or to aid in procuring, the issuance 
of such certificate, or knowing the same to have been fradulently altered 
or antedated; or whoever, without lawful excuse, shall have in his pos¬ 
session any blank certificate of citizenship provided by the Bureau of 
Naturalization with the intent unlawfully to use the same; or whoever, 
after having been admitted to be a citizen, shall, on oath or by affidavit, 
knowingly deny that he has been so admitted, with the intent to evade 
or avoid any duty or liability imposed or required by law, shall be fined 
not more than one thousand dollars, or imprisoned not more than five 
years, or both. 

Sec. 78. Whoever shall in any manner use, for the purpose of regis¬ 
tering as a voter, or as evidence of a right to vote, or otherwise unlaw¬ 
fully, any order, certificate of citizenship, or certificate, judgment, or ex¬ 
emplification, showing any person to be admitted to be a citizen, whether 
heretofore or hereafter issued or made, knowing that such order, cer¬ 
tificate, judgment, or exemplification has been unlawfully issued or made; 
or whoever shall unlawfully use, or attempt to use, any such order or 
certificate, issued to or in the name of any other person, or in a fictitious 
name, or the name of a deceased person, shall be fined not more than 
one thousand dollars, or imprisoned not more than five years, or both. 

Sec. 79. Whoever shall knowingly use any certificate of naturalization 
heretofore or which hereafter may be granted by any court, which has 
been or may be procured through fraud or by false evidence, or which 
has been or may hereafter be issued by the clerk or any other officer of 
the court without any appearance and hearing of the applicant in court 
and without lawful authority; or whoever, for any fraudulent purpose 
whatever, shall falsely represent himself to be a citizen of the United 
States without having been duly admitted to citizenship, shall be fined 
not more than one thousand dollars, or imprisoned not more than two 
years, or both. 

Sec. 80. Whoever, in any proceeding under or by virtue of any law 
relating to the naturalization of aliens, shall knowingly swear falsely in 
any case where an oath is made or affidavit taken, shall be fined not 
more than one thousand dollars and imprisoned not more than five years. 

Sec. 81. The provisions of the five sections last preceding shall apply 
to all proceedings had or taken, or attempted to be had or taken, before 
any court in which any proceeding for naturalization may be commenced 
or attempted to be commenced, and whether such court was vested by 
law with jurisdiction in naturalization proceedings or not. 

By the terms of section 341 of the act referred to above the foregoing 
sections specifically repealed sections 5395, 5424, 5425, 5426, 5428, and 
5429 of the Revised Statutes of the United States, as well as sections 16, 
17, and 19 of the act of June 29, 1906 (34 Stat. L., pt. 1, ch. 3592, p. 596). 


Voting on 
illegally 
issued certifi¬ 
cate of citi¬ 
zenship. 


Falsely repre¬ 
senting citi¬ 
zenship. 


Penalty. 


Oath 

falsely taken. 


Sections of 
U. S. statutes 
repealed. 


28 


CALIFORNIA ELECTION LAWS. 


NATURALIZATION REGULATIONS. 


These Regulations supersede those of November 11, 1911. 


Aliens arriv¬ 
ing prior to 
June 29, 1906. 


Alien who de¬ 
clares his in- 
tion, etc., and 
who arrived 
in U. S. be¬ 
fore reaching 
18 years of 
age. 


Declaration, 
blank forms, 
when may be 
taken away 
from office of 
clerk. 


Transmittal 
of forms. 


Department of Labor, 

Office of the Secretary, 

Washington, August 20, 1913. 

1. Since September 26, 1906, naturalization jurisdiction of State courts 
is confined to such as have “a seal, a clerk, and jurisdiction in actions at 
law or equity, or law and equity, in which the amount in controversy is 
unlimited.” 

2. Any alien who prior to September 27, 1906, has declared his intention 
in conformity with the law in force at the date of his declaration, shall 
not be required to renew such declaration. 

3. Aliens who lawfully declared their intention on and after June 29, 
1906, and prior to September 27, 1906, must comply with all of the re¬ 
quirements of the naturalization act of June 29, 1906, in petitioning for 
naturalization, with the exception that those arriving prior to June 29, 
1906, are not required to furnish certificates of arrival. 

Aliens who declared their intention prior to June 29, 1906, in accord¬ 
ance with the requirements of law, must comply with all of the require¬ 
ments of the naturalization act of June 29, 1906, in petitioning for natu¬ 
ralization, except that they will not be required to file certificates of 
arrival, sign their petitions in their own handwriting, or to speak the 
English language. 

4. Any alien who declares his intention after June 29, 1906, and files 
his petition thereon, must sign said petition in his own handwriting, and 
must be able to speak the English language, unless excepted by the 
provisos in section 8 of the naturalization act. If an alien is physically 
unable to speak, that fact should be stated in his petition in lieu of the 
statement, “I am able to speak the English language.” Aliens who arrive 
in the United States before reaching 18 years of age can not obtain 
citizenship without making declaration of intention, which may be made 
in a court having naturalization jurisdiction over the place of their estab¬ 
lished residence after reaching that age. 

5. Blank forms “Facts for declaration of intention” (Form 2213) and 
“Facts for petition for naturalization” (Form 2214) are provided clerks 
of courts for the preliminary use of persons making declaration of inten¬ 
tion or petition for naturalization, and may be taken away from the office 
of the clerk in order that the information called for may be obtained in 
full. When either of said forms is returned to the clerk he shall examine 
it to see that all the information required is furnished before proceeding 
to make out a declaration or petition. 

In all cases where aliens have arrived in this country after June 29, 
1906, they should be given the form, “Application for certificate of arrival,” 
Form 2226, at the time they desire to file petitions for naturalization, 
instead of Form 2214. This application has attached to it the facts re¬ 
quired in a petition for naturalization. The application and other blanks 
on the form should all be carefully filled out by the alien and mailed with 
his triplicate declaration of intention to the Commissioner of Natural¬ 
ization to enable him to obtain and transmit the required certificate of 
arrival (Form 526 or 526a) to the clerk of court for filing with the petition. 
The clerk of the court should not commence the execution of the petition 
until he has received the certificate of arrival prescribed by this regula¬ 
tion. The certificate of arrival will contain its serial number in the upper 
right-hand corner, which the clerk of the court will insert in the petition 
for naturalization at the place indicated. 

6. Declarations of intention will be furnished in bound volumes (Form 
2202, 50 leaves; 2202A, 150 leaves; or 2202B, 250 leaves) as a court record, 




NATURALIZATION. 


29 


varied in number of pages according to the requirements of the court. 
In addition to the bound records, the duplicate and triplicate declarations 
of intention (Form 2203) will be furnished as loose sheets attached 
together and perforated, so that they can be readily torn apart, the 
triplicate to be given to the declarant and the duplicate to be forwarded 
to the Bureau of Naturalization. Each bound record will contain an index 
in addition to the original declarations of intention, and will be paged 
in consecutive order. At the time the original declarations of intention 
in the bound volumes are filled out and signed the names of the declarants 
must be entered in the index. The declarations shall be numbered con¬ 
secutively, beginning with No. 1 in volume 1 and containing the sequence 
from volume to volume. 

7. The originals of the petitions for naturalization will also be furnished 
in bound volumes (Form 2204, 100 leaves, or 2204B, 250 leaves) paged 
in consecutive order and provided with an index. The duplicate petitions 
(Form 2205) will be furnished as loose sheets, and when executed must 
be forwarded to the Bureau of Naturalization by registered mail, as pro¬ 
vided in rule 22 of these regulations. The original petitions for natu¬ 
ralization in the bound volumes must be filled out and signed, the names 
of the petitioners entered in the index, and retained as part of the per¬ 
manent records of the office in which filed. Petitions shall be numbered 
consecutively, beginning with No. 1 in volume 1 and continuing in order 
in the following volumes. The first petition in volume 2 must not be 
numbered “1,” but shall receive the number following that given the last 
petition in volume 1. 

8. Certificates of naturalization (Form 2207) will be supplied in bound 
volumes consisting of original and duplicate certificates and stubs. Each 
original and duplicate certificate and the stub will be given the same 
serial number, the stub to the original certificate bearing a page number 
in addition to its serial number. The original certificate will be given 
to the petitioner in accordance with the final order of the court, and the 
duplicate shall be forwarded to the Bureau of Naturalization by registered 
mail, as provided in rule 22 of these regulations, the stub to the original 
constituting a part of the permanent records of the court. The bound 
volumes, containing the declarations, petitions, and certificates, constitute 
the “records” and dockets required by sections 6 and 14 of the naturaliza¬ 
tion act. The department requires no other dockets to be kept. 

9. No certificate of naturalization shall be issued to a petitioner until 
after the judge of the court granting naturalization has signed the order 
to that effect. 

10. Clerks of courts will be furnished with requisition blanks (Form 
2201) on which are listed, by number and title, all blank forms, including 
record and order books, to be used in the naturalization of aliens, and 
these forms must be obtained exclusively from the Bureau of Naturaliza¬ 
tion, Department of Labor, none other being official. Manila envelopes 
or jackets (Form 2211) will be furnished to clerks in which to place 
the triplicate declaration of intention or the original certificate of natu¬ 
ralization before delivering it to the person making the declaration or to 
the person naturalized. 

11. The first supply of blank forms will be furnished upon the written 
application of the clerks of courts having jurisdiction to naturalize aliens, 
accompanied, in the case of clerks of State courts, by authoritative evi¬ 
dence. (preferably the certificate of the attorney general of the State) 
that the courts of which such clerks are officers have “a seal, a clerk, 
and jurisdiction in actions at law or equity, or law and equity, in which 
the amount in controversy is unlimited.” Subsequent supplies of such 
blank forms will be furnished the clerks of courts having jurisdiction to 
naturalize aliens upon the receipt by the Bureau of Naturalization of re¬ 
quisitions made on Form 2201. 

12. Clerks of courts when first making application to the Bureau of 
Naturalization for the supplies of the blank forms required in the natu¬ 
ralization of aliens shall state whether any declarations of intention have 


Declaration 
furnished in 
bound vol¬ 
umes. 


Originals of 
petitions, how 
filed, num¬ 
bered, etc. 


Certificates of 
naturaliza¬ 
tion, how fur¬ 
nished. 


Judge to sign 
order. 


Clerks of 
courts will 
be furnished 
requisition 
blanks and 
other books. 


Blanks to be 
furnished 
upon written 
application of 
clerks. 

Seal. 


Clerks to state 
declarations 
have been 
filed. 


CALIFORNIA ELECTION LAWS. 


30 


Supplies, no 
two courts to 
use same 
set of. 


Bureau to be 
notified on 
first working 
day of fol¬ 
lowing month. 


Application 
for lost or 
destroyed nat 
uralization 
papers. 


Restoring lost 
or destroyed 
papers. 


Forms to be 
used. 


been filed or orders of naturalization made by their courts since Septem¬ 
ber 26, 1906. They should also state the number of certificates of natu¬ 
ralization issued by the court since June 1, 1903, if such certificates fail 
to comply with the requirements of the immigration act of March 3, 1903. 

13. Where the same court holds sessions at different places, whether 
a clerk is appointed at each of said places or the one clerk is required 
to transact the business of the court wherever it may sit, separate sup¬ 
plies shall be kept, in order to comply with the requirements of section 
14 of the naturalization act, which provides that the bound declarations 
of intention and of petitions for naturalization shall be in chronological 
order. 

14. In every case in which the name of a naturalized alien is changed 
by order of court, as provided in section 6, the clerk of the court is re¬ 
quired to report both the original and the new name of the said person 
to the Bureau of Naturalization when transmitting to it the duplicate of 
the certificate of naturalization of the alien whose name is changed. 

15. On the first working day of each month the clerk shall inform the 
Bureau of Naturalization on Form 2209 of the date of posting notice on 
Form 2206, as required by section 5, and of the day, month, and year, as 
near as may be, for the final healing of each and every petition for 
naturalization filed and posted during the preceding month. These reports 
on Form 2209 must specify only the petitions filed in the month to which 
the report relates and no others. In continued cases notice on Form 
2206 must be amended to show the postponed date and remain posted 
until final action is had. 

16. On the first working day of each month following the sitting of 
a court in naturalization cases the clerk of such court shall forward to 
the Bureau of Naturalization on Form 2210 a list containing the name 
of each and every alien who, during such sitting of court, has been denied 
naturalization and shall state the reason or reasons for such denial. 

17. Applications for lost or destroyed naturalization papers issued 
p:ior to September 27, 1906, should be disposed of in accordance with the 
rules in force in the court at the time of the issuance of the papers. 

The following rule applies exclusively to naturalization papers issued 
since September 26, 1906: 

Applications for the issuance of declarations of intention (Form 2203) 
or certificates of naturalization (Form 2207), in lieu of declarations of 
intention or certificates of naturalization claimed to have been lost or 
destroyed, shall be submitted in affidavit form to the clerk of the court 
by which any such declarations of intention or certificates of naturaliza¬ 
tion were originally issued, and shall contain full information in regard 
to the lost or destroyed papers, and as to the time, place, and circum¬ 
stances of such alleged loss or destruction. (Form 2225 prepared for this 
purpose may be obtained from the clerk of any naturalization court.) 
The clerk shall forward to the Bureau of Naturalization the above-men¬ 
tioned applications, together with such information as he may have bear¬ 
ing upon the merits thereof, for investigation, and no such paper so ap¬ 
plied for shall be issued until the Bureau of Naturalization reports the 
results of its investigation as to the merits of the application. 

In every case in which the clerk of the court issues, in accordance with 
the foregoing, a declaration of intention (Form 2224) or a certificate of 
naturalization (Form 2207), upon proof of the loss or destruction of the 
original, he shall make an entry on the original declaration showing the 
issuance of a certified copy, or on the stubs of both the new and the old 
certificates of naturalization, showing the issuance of a new certificate, 
giving the numbers of the new and old certificates, and shall immed¬ 
iately thereafter forward to the Bureau of Naturalization the duplicate 
of any such paper so issued. 

One certified copy of declaration of intention (Form 2215) or certificate 
of naturalization (Form 2216) may be furnished by the clerk of the issu¬ 
ing court under his hand and the seal of the court for the use only of the 
person concerned to establish his citizenship status in connection with 


NATURALIZATION. 


31 


any entry under the public land laws of the United .States, .When issued 
these forms must be made in duplicate, one to be given to the person 
applying therefor and the duplicate forwarded with other naturalization 
papers on. the first working, day. of the succeeding month to the Bureau 
of Naturalization. Unless the applicant presents to the clerk his original 
declaration or certificate for compaiison, these forms can under no con¬ 
ditions be issued. In case the alien makes a second land entry he may 
support his second entry by describing the first land claim with which 
his declaration or certificate is filed. 

The fees to be collected for the issuance of each of the copies of 
declarations of intention and of certificates of naturalization described 
in this regulation, and the disposal to be made of such fees when collected, 
will be determined in accordance with the law and the rules in force in 
the respective courts. No part of these fees is required to be forwarded 
to this department. Clerks are, however, required to make quarterly 
reports, on Form 2217, on the first working day of January. April, July, 
and October, of the number of such papers issued during the preceding 
quarter. 

18. Original declarations of intention, or certificates of naturalization, 
issued subsequent to September 26, 1906, and surrendered to the General 
Land Office in support of entries upon public land, may be returned upon 
proper application. In cases of declarations of intention the clerk will 
forward the application to the Bureau of Naturalization, accompanied by 
a certified copy on Form 2215. In cases of certificates, the application 
will be accompanied by a personal description of the applicant. In both 
instances a description of the land should be included, giving the section, 
township, and range, together with the date and place of making the 
entiy.. The originals will then be procured from the General Land Office 
and returned to the clerk of the court. 

19. For recording the affidavits of substituted witnesses under section 
5 of the act of June 29, 1906, blank forms (Form 2218) have been pre¬ 
pared as pasters to be affixed to the backs of petitions in the bound 
volume, following the “Order of court admitting petitioner.” Copies of 
this form may be procured by the usual requisition (Form 2201). Do 
not send copies of this form to the Bureau of Naturalization. 

20. Aliens making declaration of intention, or filing petitions for natu¬ 
ralization, must sign their names in full and without abbreviation in the 
appropriate places on the various blank forms, and the entries of their 
names by the clerk must correspond in every particular. Where a name 
contains an initial which is used only to distinguish one individual from 
another with the same surname, that fact should be noted on the paper. 

21. Clerks of courts shall not receive declarations of intention (Form 
2202) or file petitions for naturalization (Form 2204) from other aliens 
than white peisons and persons of African nativity or of African descent. 
Any alien, other than a Chinese person, who claims that he is a white 
person in the sense in which that term is used in section 2169, R. S., 
U. S., should be allowed, if he insists upon it after an explanation is made 
showing him the risk of denial, to file his declaration or his petition, as 
the case may be, leaving the issue to be determined by the court. 

Declarations should not be received from, nor petitions for natural¬ 
ization filed by, persons not residing in the judicial district within which 
the court is held. 

22. On the first working day of each and every month, and not other¬ 
wise, clerks of courts shall forward to the Bureau of Naturalization dup¬ 
licates of all declarations of intention, petitions for naturalization, and 
certificates of naturalization filed or issued during the preceding month. 
Duplicate petitions for naturalization and duplicate certificates of natu¬ 
ralization shall be forwarded by registered mail; and duplicate declara¬ 
tions of intention as well as other papers may be inclosed therewith 
provided the combined weight of the documents does not exceed 4 
pounds, otherwise they shall be forwarded separately by unregistered 
mail. The same course should be followed in forwarding naturalization 


Fees to be 
collected for 
issuance of 
copies of cer¬ 
tificates, etc. 


Personal de¬ 
scription of 
applicant, 
and descrip¬ 
tion of land. 


Substituted 
witnesses, 
affidavits of. 


Signatures on 
different 
papers must 
correspond. 


Declarations 
from other 
aliens than 
white person. 


Declarations, 
petitions, 
when to be 
forwarded to 
bureau. 


32 


CALIFORNIA ELECTION LAWS. 


Shipment, 
how made. 


Certain fees 
to be ac¬ 
counted for on 
‘ ‘Abstract of 
Collections.” 


Exempting 
honorably dis¬ 
charged sol¬ 
diers from 
filing declara¬ 
tions. 


Marine 

Corps. 


Statement, 
form of. 


papers to the bureau which have been returned for correction. Each 
clerk making a shipment of naturalization papers other than papers 
returned for correction is required to forward therewith a report on 
Form 2208 showing the number of such papers filed or issued during the 
month reported. Where petitions for naturalization have been filed the 
report on Form 2209 showing the approximate dates of final hearings 
shall also be inclosed with such shipment. When no naturalization 
business has been transacted during any month it is unnecessary to render 
monthly reports to that effect, but report should be made as prescribed 
in rule 23. 

23. All fees provided for in section 13 of the act of June 29, 1906, shall 
be accounted for on the “Abstract of collections” (Form 2212) within 
thirty days after the close of each quarter of a fiscal year. These quar¬ 
ters end September 30, December 31, March 31, and June 30, respectively. 
One-half of all moneys so collected, up to $6,000, and all in excess thereof, 
shall be remitted to the Commissioner of Naturalization, Bureau of Natu¬ 
ralization, with said quarterly account, such remittance to be made pay¬ 
able to the order of the “Secretary of Labor,” preferably by draft. The 
Comptroller of the Treasury has decided that section 13 requires the 
collection of the final fee of $2 whether the certificate of naturalization 
be issued or denied. 

In cases where no naturalization business is transacted during any 
quarter, Form 2212 shall be forwarded as aforesaid with the words 
“No transactions” noted thereon. 

24. (a) Where a petition for naturalization is filed under section 

2166, R. S., U. S., exempting honorably discharged soldiers from the 
necessity for filing declarations of intention and proving more than 
one year of residence in the United States in addition to good moral 
character, insert in lieu of the information regarding declaration of 
intention: “Petitioner is an honorably discharged soldier and applies 

for citizenship under section 2166, R. S., U. S. He enlisted in the 
(name of organization) on the (day, month, and year).” (Complete 
the petition according to paragraph 3 of this rule.) 

(b) Where an alien files his petition for naturalization under the act 
of July 26, 1894, and claims exemption from the necessity for filing a 
declaration of intention on account of service in the United States 
Navy or Marine Corps, the words having reference to declaration of 
intention in the petition should be struck through and in lieu thereof 
the following inserted: “Petitioner is an honorably discharged mem¬ 
ber of the Navy (or member of the Marine Corps, if that be the case) 
and applies for citizenship under the act of July 26, 1894. He enlisted 
on the (day, month, and year) and was discharged on the (day, month, 
and year).” Each enlistment of the applicant and his discharge there¬ 
from should be shown. (Complete the petition according to paragraph 
3 of this rule.) 

In executing petitions under the two foregoing exemptions, that 
portion of the last paragraph preceding the signature of the petitioner 
relating to the declaration of intention and certificate of arrival should 
be struck through, when the alien arrived on or prior to June 29, 1906. 
When the arrival was after that date, only the words “my declaration 
of intention to become a citizen of the United States and” should be 
struck through. The statement following the signature of the peti¬ 
tioner to the body of the petition should be struck through entirely 
in cases of aliens arriving on or before June 29, 1906; but for those 
arriving after that date only the words “declaration of intention” should 
be struck through, and in both cases the entry in lieu thereof should 
be made “Honorable discharge certificate of petitioner was exhibited 

to me this.day of.” An appropriate note should also 

be entered upon the stub of the certificate issued to said applicant. 

(c) Certain aliens are permitted to petition for naturalization under 
the terms of the act of June 25, 1910, without proof of previous declar¬ 
ations of intention. Clerks of courts should state in lieu of the infor- 




NATURALIZATION. 


33 


mation regarding the declaration of intention “Piled under provisions 
of section 3 of the act of Congress approved June 25, 1910,” and the 
statement following the first signature of the petitioner should be 
changed so as to read “Declaration of intention omitted under the 
terms of the act of June 25, 1910.” Affidavit, Form 2227, setting 
forth particulais as to the reason for the exemption claimed must be 
signed and sworn to by the petitioner before the clerk of the court or 
his authorized deputy. In the event this form is not presented by an 
officer in the naturalization service it will be forwarded to the clerk 
of the court for use in any case to which it relates upon examination 
of the duplicate petition in the bureau. 

(d) Petitions for naturalization under the sixth subdivision of sec¬ 

tion 4 may be legally filed by children of a deceased declarant only 
after such children have attained their majority and who were minors 
at the time of the death of the father. Where a petition is filed by 
a child under the foregoing conditions, the fifth assertion should be 
alteied to read: “My father declared his intention to become a citi¬ 
zen of the United States on the . day of ., A. D., 

and died on the . day of ., A. D.” 

Where a petition for naturalization is filed under this subdivision by 
the widow of a deceased declarant, the fifth assertion should be al¬ 
tered to correspond to the foregoing in relation to the child, with 
the exception that the word “husband” should be inserted instead of 
the word “father.” 

In the last two cases referred to the words in the paragraph imme¬ 
diately preceding petitioner’s first signature should be altered to show 
that the father’s or husband’s declaration (as the case may be), or 
a certified copy thereof, is attached to the original petition, and the 
statement of the clerk of the court immediately below the first sig¬ 
nature of the petitioner should be changed to show the facts. If the 
petitioner arrived in the United States prior to June 29, 1906, the 
words in statement immediately preceding the first signature of peti¬ 
tioner and thereafter having reference to the certificate of arrival 
should also be struck through. If the petitioner arrived in the United 
states after June 29, 1906, certificate of arrival must be obtained in 
accordance with Rule 5 of these regulations, and the words in the 
two statements above referred to should remain unaltered with the 
exception that the last statement should include the number of the 
certificate of arrival appearing in the upper right-hand corner thereof. 

(e) Where a petition for naturalization is filed by the widow of an 
alien, based upon her own declaration of intention, the date of her 
husband’s demise should be shown in the fifth assertion. 

Naturalization papers may be legally filed by any unmarried woman 
who is otherwise qualified, or the widow of a foreign-born person not 
naturalized, but not by a woman during the existence of the marital 
relation. Notation of the facts in each case should be made upon the 
face of each paper before it is issued. 

25. So far as practicable the clerks of courts having jurisdiction 
under the provisions of the naturalization laws will be furnished, upon 
requisition therefor on Form 2201, with appropriately addressed en¬ 
velopes for communicating with the bureau. When not using such 
envelopes, however, all communications, in addition to the other neces¬ 
sary address, should be plainly marked “Bureau of Naturalization.” 

26. Clerks of courts having jurisdiction to naturalize under the pro¬ 
visions of the act of June 29, 1906, are requested, in case the foregoing 
uiles and regulations fail to remove from their minds doubt as to 
the proper course of action in any case, to write to the Commissioner 
of Naturalization, Bureau of Naturalization, for instructions before tak¬ 
ing such action. 


Children, 
minor, of 
deceased 
declarant. 


Widow of 

deceased 

declarant. 


Declaration 
procedure of 
under the Act 
of June 20, 
1906. 


Petition for 
naturalization 
filed by 
widow of 
alien. 

By unmarried 
woman. 


Appropriately 
addressed 
envelopes will 
be provided. 








Penalty. 

Ineligible to 
hold office. 


Penalty. 


Penalty. 


Penalty. 


To prevent 
from voting. 


34 


CALIFORNIA , ELECTION, LAWS. 


UNITED STATES 
CRIMINAL CODE. 


CRIMES. 


CHAPTER THREE. 

(Approved March 4, 1909, in effect January 1, 1910.) 

OFFENSES AGAINST THE ELECTIVE FRANCHISE AND CIVIL 

RIGHTS OF CITIZENS. 


Sec. 19. Conspiracy to injure, etc. If two or more persons conspire to 
injure, oppress, threaten, or intimidate any citizen in the free exercise 
of enjoyment of any right or privilege secuied by him by the constitution 
or laws of the United States, or because of his having so exercised the 
same, or if two or more persons go in disguise on the highway, or on the 
premises of another, with intent to prevent or hinder his free exercise 
or enjoyment of any right or privilege so secured, they shall be fined not 
more than five thousand dollars and imprisoned not more than ten years, 
and shall, moreover, be thereafter ineligible to any office, or place of 
honor, profit, or trust created by the constitution or laws of the United 
States. 

Sec. 20. Depriving citizens of their civil rights under color of any state 
law. Whoever, under color or any law, statute, ordinance regulation, or 
custom, willfully subjects, or causes to be subjected, any inhabitant of 
any State, Territory, or district to the deprivation of any rights, privileges, 
or immunities secured or protected by the constitution and laws of the 
United States, or to different punishments, pains, or penalties, on account 
of such inhabitant being an alien, or by reason of his color, or race, than 
are precribed by the punishment of citizens, shall be fined not more than 
one thousand dollars, or imprisoned not more than one year, or both. 

Sec. 21. Conspiring to prevent an officer from performing his duties. 

If two or more persons in any State, or Territory, or district conspire 
to prevent, by force, intimidation, or threat, any person from accepting 
or holding any office, trust, or place of confidence under the United 
States, or from discharging any duties thereof; or to induce by like 
means any officer of the United States to leave any State, Territory, 
district, or place, where his duties as an officer are required to be per¬ 
formed, or to injure him in his person or property on account of his law¬ 
ful discharge of the duties of his office, or while engaged in the lawful 
discharge thereof, or to injure his property so as to molest, interrupt, 
hinder, or impede him in the discharge of his official duties, each of such 
persons shall be fined not more than five thousand dollars, or imprisoned 
not more than six years, or both. 

Sec. 22. Unlawful presence of Troops at Elections. Every officer of 
the army or navy, or other person in the civil, military, or naval service 
of the United States, who orders, brings, keeps, or has under his authority 
or control any troops or armed men at any place where a general or 
special election is held in any State, unless such force be necessary to 
repel aimed enemies of the United States, shall be fined not more than 
five thousand dollars and imprisoned not more than five years. 

Sec. 23. Intimidation of voters by officers. Every officer or other per¬ 
son in the military or naval service of the United States, who, by force, 
threat, intimidation, order, advice, or otherwise, prevents, or attempts 
to prevent, any qualified voter of any state from freely exercising the 
.right of suffrage at any general or special election in such state shall 
be fined not more than five thousand dollars and imprisoned not more 
than five years. 


Penalty. 





CONSTITUTION OF THE STATE OF CALIFORNIA 


Extracts Thereat Relating to Public Offices and Election 


DECLARATION OF RIGHTS 


DISTRIBUTION OF POWERS 


LEGISLATIVE DEPARTMENT 


EXECUTIVE DEPARTMENT 


JUDICIAL DEPARTMENT 


EDUCATION 


COUNTIES, CITIES AND TOWNS 


CORPORATIONS 


REVENUE AND TAXATION 


STATE INDEBTEDNESS 


AMENDING AND REVISING THE CONSTITUTION 


MISCELLANEOUS SUBJECTS 
















INDEX TO CONSTITUTION OF STATE 

(Page 36 to Page 69) p age 

Acts Repealed by Vote of the People. 39 

Affidavit, Initiative or Referendum. 39 

Amending and Revising the Constitution, How Made. 63 

Amendments of Charters of Cities. 55 

Amendments of Charter, City and County of San Francisco. 57 

Amendments of Charter, Counties, How Conducted. 50 

Annual Debt, Annual Income, Counties, Cities, Towns, Etc. 58 

Appellate Districts, Division of.-. 44 

Assembly Districts ..-.- 41 

Borough System of Government. 56 

Bribery, Disqualifies from holding Office.. 64 

Capitol of State, How Changed... 63 

Charters of Cities and Counties. (New Amendment).. 58 

Charters, What Cities may Frame... 53 

Charters, Circulation of Copy.... 50 

Clerks of Courts—Court Commissioners . 47 

Clerks of Courts or Registrar of Voters Certificate. (Recall). 69 

City and County Government, Consolidation of. 49 

City and County of San Francisco, Charter of. 56 

Compensation of Public Officials, When not to be Increased. 58 

Congressional Districts, Formation of. 42 

Constitution of State. 36 

Amendments to, How Made. 63 

Ballots for voting on....... 65 

Submission of Amendments to. 63 

Who entitled to vote for Adoption or Rejection of. 66 

To provide Election Supplies. 65 

Election for, Computing of Returns and Proclamation Thereof. 66 

Printing of Proclamation. ^. 65 

Returns, How Canvassed. 66 

Terms of Officers first Elected after Adoption of. 66 

When Constitution takes Effect. 66 

Corporations . 59 

Public Officers not to receive Passes. .. 59 

Railroad Commissioners, Number of, Election of, Term of Office. 59 

Public Utilities, Election for. 61 

County Government and Township Organization.. 48 

Counties, Cities, and Towns, Government of. 48 

County and Township Government, Legislature shall establish system. 48 

County and Township Officers, Compensation of . 48 

County Seat, Removal of. 48 

Counties, new, Formation of.. .... . 48 

County Superintendent of Schools, Election of. 48 

Courts, Certain of Them Abolished by Adoption of Constitution. 65 

Debt, not to Exceed Annual Income, Exceptions. 58 

Declaration of Rights. 36 

Departments of State Government, Number and Distribution of Power. .. 37 

Distribution of Powers .... 37 

Districts .....,_..L 41 

Appellate Court . 44 

Assembly, Formation of, How Numbered. 41 

Congressional, Formation of, How Numbered. 42 

Senatorial, Formation of, How Numbered. 41 

Disqualification for Dueling . 63 

Division of Government. 37 

Duty of Canvassing Officers. . . ‘ . 66 

Duty of City Clerk, City Charters. 56 

Duty of City Clerk, City Charters. 54 

Duty of Freeholders after Result of Election has been Declared. 49 

Duties of Registrar of Voters to be performed where Office exists. 40 

Education . 47 






























































INDEX TO CONSTITUTION OF STATE—CONTINUED. 

Page 

Elections . 

Amendments or Revising Constitution. 63 

Annulment or Surrender of County Charter. 53 

Assemblymen . 40 

Board of Equalization. 62 

City Charters .53-55 

To fill Vacancies, Legislative Department. 41 

Of Governor, Returns, How Transmitted. 42 

Of Justices of the District Courts of Appeal. 45 

Of Justices of Supreme Court. 43 

Lieutenant-Governor and Power vested in. 42 

For New Constitution.:. 65 

Officers to be guided by General Laws. Exceptions. 40 

Of Officers when City or County Government has been Consolidated. 58 

Of Officers, or Commissioners. 64 

Election of Senators. 40 

Of State Executive Officers. 43 

For State Indebtedness. 62 

Of Superior Judges. 46 

Of Superintendent of Schools. 48 

Elections, to be by Ballot or other Method as prescribed by Law. 37 

Elections, When Held, Term of Office... 64 

Elections, by Plurality of Vote. 64 

Elections, Public Utilities . 61 

Elective Officers to be elected in manner provided by General Laws. 52 

Embezzlers, Not Eligible to Office. 41 

Establishing Voting Precincts, City Elections.56 

Executive Department . 42 

Officers, Election of. 43 

Failure to submit Measure at an Election. 39 

Form of Ballot, Recall Elections... 68 

Form of Petition, Initiative . 37-8 

Formation of New Counties. 48 

Freeholders Elections, to be called by Board of Supervisors. 51 

Freeholders, Powers conferred on Municipal Corporations. 58 

Governor . 42 

Election, and Term of Office. 42 

Election, How Made Known.;. 42 

Executive Power vested in. 42 

Not eligible to U. S. Senate. 43 

Qualifications of . 42 

To fill Vacancy. 42 

How Counties may frame a Charter for its Own Government. 49 

How elected to Office, County Officers... 48 

Indebtedness, State, Liability exceeding $300,000, How Created. 62 

In case of Vacancy in the Office of Governor. 42 

Initiative and Referendum. 37 

First Power reserved to the People. 37 

Filing Petition . 38 

Legislative Powers . 37 

Petitions may be presented in Sections. 38 

Powers reserved to Counties and Cities. 40 

Supplemental Petitions . 40 

Judicial Department . 43 

Judicial Power, How Vested. 43 

Judges, of the Superior Court, Legislature may change Number of. 46 

Jurisdiction of Supreme Court, and District Courts. 44 

Judicial System, Laws relating to. 66 

Justices and Judges, not eligible to other Judicial Offices, When. 47 

Justices of Supreme Court, Election of. 43 

Justices of the Peace, Number of Powers of. 47 































































INDEX TO CONSTITUTION OF STATE—CONTINUED. 

Page 

Laws ...-. 

In force, on Adoption of Constitution, Until Altered, Exceptions. 65 

Superseded by Charter. 63 

Leave of Absence not to be granted Judicial Officers.46 

Legislative Department . 37 

Legislative body to provide Manner of exercising Power of Recall. 69 

Legislative Power . 37 

Legislature ..-.-. 


Members of, not eligible to certain Offices. 41 

Laws that may be rejected by Initiative Petition.... 38 

Liability exceeding $300,000, How Created. 62 

Manner of Providing for “Initiative” and “Referendum”. 40 

Measures to be printed and mailed to each elector. 39 

Members of State Board of Equalization, How Elected. 62 

Merging of city and county government... 49 

Military Duty, Voters not obliged to perform, exception. 37 

Miscellaneous Subjects .*.. 63 

Municipal Corporations . 58 

Freeholders Charters; Powers Conferred by. 58 

How created ...-. 48 

Not to be created by Special Laws, Etc. 48 

Municipalities acquiring Public Works, Etc. 59 

New Counties, Formation of. 48 

Notice of Election, see Election. 

Oath of Office, Form of... 63 

Office .... 

Embezzlers not eligible to. 41 

Members of Legislature shall not be appointed to, When. 41 

Term of, Compensation, Not to be Increased, When. 58 

United States Officials not eligible to State Office. 41 

Officers, Executive . 42 

Compensation of . 43 

Of Counties and Townships, Compensation. 48 

Of Counties and Townships, How Elected. 48 

Officers, Legislative . 37 

How Elected . 40 

Eligible to Office under State Government....-.. 41 

Or Commissioners, Election or Appointment of. 64 

Panama-Pacific International Exposition, Aid of. 56 

Passes, Public Officers not to Receive. 59 

Persons not eligible to Civil Office of Profit. 41 

Petitions. See Elections. 

City Charters . 55 

County Charters . 49 

Legislative Department . 37 

Number of Signers. 38 

Recall Elections, May be in Sections. 68 

Recall of Elective Officers. 67 

Population required, City Charters. 54 

Power vested in Governor. 42 

Providing for Future Elections. 66 

Provisions of Charter, Counties. 51 

Power . 37 

Distribution of . 37 

Three Departments of Government. 37 

Primary Elections. See Elections. 36 

How Provided . 36 

Power of Legislature . 36 

Public Officials . 58 

Compensation of, When. 58 

Recall of . 67 


































































INDEX TO CONSTITUTION OF STATE—CONTINUED. 

Page 

Public Utilities, Municipalities. 59 

May establish Public Works, for Light, Water, Power, Heat, Etc. 59 

Subject to Control of Railroad Commission. 61 

Supervision and Regulation of.;. 61 

Purity, In Office-Holding and Elections. 64 

Publication. See Elections. 

Railroad Commissioners, Number of, Election of, Term of Office.. 59 

Recall .... 67 

Ballot ..*. 68 

Elective Officers .'. 67 

Officer must be in Office at Least Six Months.... 69 

Office not recalled to be Repaid for Expenses.. 69 

Petition may be in Section... 68 

Procedure . 67 

To be exercised by Counties and Cities... 67 

Registrars Certificate . 39 

Removal of County Seat, Election for. 48 

Residence ..... 

When Absence does not Affect. 64 

Of Voters, How Gained or Lost. 37 

Revenue and Taxation. 62 

Rights of Declaration. See Declaration. 36 

Salaries ... 

Executive Officers . 43 

Of Justices of the Supreme Court. 47 

Of Appellate Court, How Paid. 47 

Of Judges of Superior Court. 47 

Not Increased or Diminished after Election. 47 

San Francisco, City and County, Charter of. 56 

Sale of Bonds, County Charters. 53 

Schedule . 64-9 

Second Power reserved to the People... 38 

Senators. See Elections. 

Election of, Term of Office. 40 

Senatorial Districts . 41 

Suffrage, Right of, Who may Vote. 36 

Special Elections. See Elections. 

City Charters . 53 

City Charters. Employment for Examining Petitions. 54 

City Charters. Special Election, When Held. 55 

County Charters. See Charters . 49 

County Charters. Special Election, When Held. 50 

State Indebtedness . 62 

Superior Courts :.-. 

Election of Superior Judges..\. 46 

Number of ..-. 46 

Organization of . 46 

Term of Office, Vacancies. 46 

Supreme Courts . * . 43 

Election of Justices. 4.3 

Number of . 44 

Organization of . 43 

Jurisdiction of . 44 

Term of Office, Vacancies. 45 

Special and Local Legislation, Forbidden. 41 

Superintendent of Public Instruction. 47 

Election, Term of Office and Salary. 47 

Superintendent of Schools.:. 48 

Election of, Term of Office. 48 

Supplemental Petitions. See Elections. 

Term of Office. See Elections. 

City Officials . 64 

County Officials . 64 


































































INDEX TO CONSTITUTION OF STATE—CONTINUED. 

Page 

Term of Office. See Elections.—Continued. 

Governor . 42 

Judges of Superior Court ... 46 

Justices .•. 

Justices of District Court ... 45 

Justices of the Peace . 64 

Justices of Superior Court . 46 

Justices of Supreme Court . 44 

Not to be Extended, County, City, or Town. 58 

State Assemblymen . 40 

State Commissioners . : 64 

State Senators . 40 

When not Fixed by Constitution. 64 

Time of Election. See Elections. 37 

United States Senate, Governor shall not be Elected a Senator. 43 

Vacancies. See Elections. 

Voters. See Elections..... 

Privileges of . 36 

Residence of, How Gained or Lost. 37 

Not obliged to perform Military Duty on Election Day. 37 

Voting Machines, Permitting use in Elections. 37 

When Acts calling for Elections may go into Effect. 38 

When Charter becomes a Law, Counties. 50 

When City and County Government are Merged. 58 

When Constitution takes Effect...“.. 66 

When Governor fills Vacancies. 42 

When Petition can not be Circulated, Recall Elections. 69 

When Vacancies Occur, Justices of the Supreme Court. 45 

Who Eligible to Office of Governor. 42 

Who may be Nominated for the Office to be filled, Recall Elections. 67 

Who may solicit Signatures. 39 
































U. S. CRIMINAL CODE. 


35 


Sec. 24. Officers of qrmy or navy prescribing qualifications of voters. 

Every officer of the army : or navy who' prescribes or fixes, or attempts 
to prescribe or fix, whettrer by proclamation, order, or otherwise, the qual¬ 
ifications of voters at any election in- any state shall be punished as 
provided in the preceding section. 


Sec. 25. Officers of army or navy interfering with officers of elections. 

Every officer or other person in the military or naval service of the 
United States, who, by force, threat, .intimidation, order, or otherwise, 
compels, or attempts to compel, any officer holding an election in any 
state to leceive a vote from a person not legally qualified to vote, or 
who imposes, or attempts to impose, any regulations for conducting any 
general or special election in a state different from those prescribed by 
law, or who interferes in any manner with any officer of an election in 
the discharge of his duty, shall be punished as provided in section 23. 

Sec. 26. Persons disqualified from holding office. Every person con¬ 
victed of any offense defined in the four preceding sections shall, in ad¬ 
dition to the punishment therein prescribed, be disqualified from holding 
any office of honor, profit, or trust under the United States; but nothing 
therein shall be construed to prevent any officer, soldier, sailor, or marine 
from exercising the right of suffrage in any election district to which he 
may belong, if otherwise qualified according to the laws of the state in 
which he offers to vote. 


Penalty. 


Soldiers, 
sailors and 
marines quali 
fications 
to vote. 


Sec. 83. Corporations, etc., not to contribute money for political elec¬ 
tions. It shall be unlawful for any national bank, or any corporation 
organized by authority of any law of Congress, to make a money con¬ 
tribution in connection with any election to any political office. It shall 
also be unlawful for any corporation whatever to make a money con¬ 
tribution in connection with any election at which presidential and vice- 
presidential electors or a Representative in Congress is to be voted for, 
or any election by any State legislature of a United States Senator. Every 
corporation which shall make any contribution in violation of the fore¬ 
going piovisions shall be fined not more than five thousand dollars; and 
every officer or director of any corporation who shall consent to any 
contribution by the corporation in violation of the foregoing provisions 
shall be fined not more than one thousand dollars, or imprisoned not Penalty, 
more than one year, or both. 







36 


Who may 
vote. 


Who may 
not vote. 


CONSTITUTION OF THE STATE OF CALIFORNIA. 

EXTRACTS THEREOF RELATING TO PUBLIC OFFICES AND 

ELECTIONS. 


ARTICLE I. 

DECLARATION OF RIGHTS. 


Sec. 24. Property Qualifications not required. No property qualifica¬ 
tion shall ever be required for any person to vote or hold office. 

92 Cal. 321; 117 Cal. 123; 123 Cal. 25; 154 Cal. 322; 155 Cal. 389, 789. 

ARTICLE II. 

Section 1. Right of Suffrage. Every native citizen of the United States, 
every person who shall have acquired the rights of citizenship under or 
by virtue of the treaty of Queretaro, and every naturalized citizen thereof, 
who shall have become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been resident of the state one year 
next preceding the election, and of the county in which he or she claims 
his or her vote ninety days, and in the election precinct thirty days, 
shall be entitled to vote at all elections which are now or may hereafter 
be authorized by law; provided, no native of China, no idiot, no insane 
person, no person convicted of any infamous crime, no person hereafter 
convicted of the embezzlement or misappropriation of public money, 
and no person who shall not be able to read the Constitution in the 
English language and write his or her name, shall ever exercise the 
privileges of an elector in this state; provided, that the provisions 
of this amendment relative to an educational qualification shall not 
apply to any person prevented by a physical disability from comply¬ 
ing with its requisitions, nor to any person who now has the right to vote, 
nor to any person who shall be sixty years of age and upwards at the time 
this amendment shall take effect. [Amendment adopted October 10, 1911.] 
78 Cal. 568; 83 Cal. 81; 91 Cal. 467; 92 Cal. 321; 117 Cal. 123; 120 
Cal. 374, 377; 127 Cal. 88; 136 Cal. 451; 145 Cal. 341; 146 Cal. 513; 
151 Cal. 603; 152 Cal. 231, 232; 7 Cal. App. 413. 

Sec. 2. Electors, Privileges of. Electors shall in all cases except 
treason, felony, or breach of the peace, be privileged from arrest on the 
days of election, during their attendance at such election, going to and 
returning therefrom. 

Sec. 2y 2 . Primary Elections, Legislature to have power to enact laws 
relative to. The Legislature shall have the power to enact laws relative 
to the election of delegates to conventions of political parties; and the 
Legislature shall enact laws providing for the direct nomination of can¬ 
didates for public office by electors, political parties, or organizations of 
electors without conventions, at elections to be known and designated as 
primary elections; and also to determine the tests and conditions upon 
which electors, political parties, or organizations of electors may partici¬ 
pate in any such primary election. It shall also be lawful for the Legislature 
to prescribe that any such primary election shall be mandatory and oblig¬ 
atory. The Legislature shall also have the power to establish the rates 
of compensation for primary election officers serving at such primary 
elections in any city, or city and county, or county, or other subdivision 
of a designated population, without making such compensation uniform, 
and for such purpose such law may declare the population of any city, 
city and county, county or political subdivision. Provided, however, that 
until the Legislature shall enact a direct primary election law under the 
provisions of this section, the present primary election law shall remain 
in force and effect. [Amendment adopted November 3, 1908.] 

120 Cal. 379; 146 Cal. 316; 151 Cal. 602, 605; 152 Cal. 434; 155 Cal. 
780, 782, 788, 792. 




CONSTITUTION OF STATE. 


37 


Sec. 3. Voters not obliged to perform military duty on election day. 

No elector shall be obliged to perform militia duty on the day of election, 
except in time of war or public danger. 

Sec. 4. Residence of Voters, when not gained or lost. For the purpose 
of voting, no person shall be deemed to have gained or lost a residence 
by reason of his presence or absence while employed in the service of 
the United States; nor while engaged in the navigation of the waters of 
this State or of the United States, or of the high seas; nor while a student 
at any seminary of learning; nor while kept in any almshouse or other 
asylum, at public expense; nor while confined in any public prison. 

105 Cal. 462. 

Sec. 5. Elections to be by ballot or other method, as prescribed by law. 

All elections by the people shall be by ballot, or by such other method 
as may be prescribed by law; provided, that secrecy in voting be pre¬ 
served. [Amendment adopted November 3, 1896.] 

136 Cal. 655; 146 Cal. 316; 154 Cal. 282. 

Sec. 6. Voting Machines. The inhibitions of this Constitution to the 
contrary notwithstanding, the Legislature shall have power to provide 
that in different parts of the State different methods may be employed 
for receiving and registering the will of the people as expressed at elec¬ 
tions, and may provide that mechanical devices may be used within de¬ 
signated subdivisions of the State at the option of the local authority 
indicated by the Legislature for that purpose. [New section adopted 
November 4, 1902.] 


ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. Division of Government. The powers of the government of 
the State of California shall be divided into three separate departments— 
the legislative, executive, and judicial; and no person charged with the 
exercise of powers properly belonging to one of these departments shall 
exercise any functions appertaining to either of the others, except as in 
this Constitution expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section 1. Legislative Power. The legislative power of this State shall 
be vested in a Senate and Assembly which shall be designated “The 
Legislature of the State of California,” but the people reserve to them¬ 
selves the power to propose laws and amendments to the constitution, 
and to adopt or reject the same, at the polls independent of the Legis¬ 
lature, and also reserve the power, at their own option, to so adopt or 
reject any act, or section, or part of any act, passed by the Legislature. 

The enacting clause of every law shall be “The people of the State of 
California do enact as follows:” 

The first power reserved to the people shall be known as the initiative. 
Upon the presentation to the Secretary of State of a petition certified 
as herein provided to have been signed by qualified electors, equal in 
number to eight per cent of all the votes cast for all candidates for Gov¬ 
ernor at the last preceding general election, at which a Governor was 
elected, proposing a law or amendment to the Constitution, set forth in 
full in said petition, the Secretary of State shall submit the said proposed 
law or amendment to the Constitution to the electors at the next suc¬ 
ceeding general election occurring subsequent to ninety days after the 
presentation aforesaid of said petition, or at any special election called 
by the Governor in his discretion prior to such general election. All 
such initiative petitions shall have printed across the top thereof in 
twelve point black-face type the following: “Initiative measure to be 
submitted directly to the electors.” 


The first 
power 
reserved to 
the people, 
known as the 
‘ ‘Initiative.’ ’ 


Time of 
Election. 


Form of 
petition. 


38 


CALIFORNIA ELECTION’ LAWS. 


Proposed law 
shall be 
subject to 
referendum. 

Legislature 
may reject 
by initiative 
petition. 


Form of 
petition. 


Second power 
reserved to 
the people 
known as 
‘ ‘Refer¬ 
endum. ’ ’ 

When acts 
calling 
for elections 
may go 
into effect. 


Petitions to 
be signed by 
electors, 
equal to five 
per cent of 
votes cast. 


Upon the presentation to the Secretary of'State, at any time not less 
than ten days before the commencement of any regular session of the 
Legislature, of a petition certified as' herein provided to have been signed 
by qualified electors of the'State equal in number to •’five per cent of‘all 
the votes cast for all candidates for Governor at the 1 last 1 preceding 
general election, at which a Governor was elected, proposing a law set 
forth in full in said petition, the Secretary of State shall transmit the 
same to the Legislature as soon as it convenes and organizes. The law 
proposed by such petition shall be either enacted or rejected without 
change or amendment by the Legislature, within forty days from the 
time it is received by the Legislature. If any law proposed by such peti¬ 
tion shall be enacted by the Legislature it shall be subject to referendum, 
as hereinafter provided. If any law so petitioned for, be rejected, or if no 
action is taken upon it by the Legislature within said forty days, the 
Secretary of State shall submit it to the people for approval or rejection 
at the next ensuing general election. The Legislature may reject any 
measure so proposed by initiative petition and propose a different one 
on the same subject by a yea and nay vote upon separate roll call, and in 
such event both measures shall be submitted by the Secretary of State 
to the electors for approval or rejection at the next ensuing general elec¬ 
tion or at a prior special election called by the Governor, in his discretion, 
for such purpose. All said initiative petitions last above described shall 
have printed in twelve point black-face type the following: “Initiative 
measure to be presented to the Legislature.” 

The second power reserved to the people shall be known as the refer¬ 
endum. No act passed by the Legislature shall go into effect until ninety 
days after the final adjournment of the session of the Legislature which 
passed such act, except acts calling elections, acts providing for tax 
levies or appropriations for the usual current expenses of the State, and 
urgency measures necessary for the immediate preservation of the public 
peace, health or safety, passed by a two-thirds vote of all the members 
elected to each house. Whenever it is deemed necessary for the imme¬ 
diate preservation of the public peace, health or safety that a law shall 
go into immediate effect, a statement of the facts constituting such 
necessity shall be set forth in one section of the act, which section shall 
be passed only upon a yea and nay vote, upon a separate roll call thereon; 
provided, however, that no measure creating or abolishing any office or 
changing the salary, term or duties of any officer, or granting any fran¬ 
chise or special privilege, or creating any vested right or interest, shall 
be construed to be an urgency measure. Any law so passed by the Leg¬ 
islature and declared to be an urgency measure shall go into immediate 
effect. 

Upon the presentation to the Secretary of State within ninety days 
after the final adjournment of the Legislature of a petition certified as 
herein provided, to have been signed by qualified electors equal in 
number to five per cent of all the votes cast for all candidates for Gov¬ 
ernor at the last preceding general election at which a Governor was 
elected, asking that any act or section or part of any act of the Legis¬ 
lature, be submitted to the electors for their appioval or rejection, the 
Secretary of State shall submit to the electors for their approval or re¬ 
jection, such act, or section or part of such act, at the next succeeding 
general election occurring at any time subsequent to thirty days after 
the filing of said petition or at any special election which may be called 
by the Governor, in his discretion, prior to such regular election, and no 
such act or section or part of such act shall go into effect until and 
unless approved by a majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any section or part of any 
act the remainder of such act shall not be delayed from going into effect. 

Any act, law or amendment to the constitution submitted to the people 
by either initiative or referendum petition and approved by a majority 
of the votes cast thereon, at any election, shall take effect five days after 
the date of the official declaration of the vote by the Secretary of State. 


CONSTITUTION OF STATE. ' 


No act, law or amendment to the Constitution, initiated or adopted hy 
the people, shall be subject to the veto power of thfe Governor, and no 
act, law or amendment to the Constitution, adopted by the people at the 
polls under the initiative provisions of this section, shall be amended 
or repealed except by a vote of the electors, unless otherwise provided 
in said initiative measure; but acts and laws adopted by the people under 
the referendum provisions of this section may be amended by the legis¬ 
lature at any subsequent session thereof. If any provision or provisions 
of two or more measures, approved by the electors at the same election, 
conflict, the provision or provisions of the measure receiving the highest 
affirmative vote shall prevail. Until otherwise provided by law, all 
measures submitted to a vote of the electors, under the provisions of this 
section, shall be printed, and together with arguments for and against 
each such measure by the proponents and opponents thereof, shall be 
mailed to each elector in the same manner as now provided by law as 
to amendments to the Constitution, proposed by the Legislature; and 
the persons to prepare and present such arguments shall, until otherwise 
provided by law, be selected by the presiding officer of the Senate. 

If for any reason any initiative or referendum measure, proposed by 
petition as herein provided, be not submitted at the election specified in 
this section, such failure shall not prevent its submission at a succeeding 
general election, and no law or amendment to the Constitution, proposed 
by the Legislature, shall be submitted at any election unless at the same 
election there shall be submitted all measures proposed by petition of 
the electors, if any be so proposed, as herein provided. 

Any initiative or referendum petition may be presented in sections, 
but each section shall contain a full and correct copy of the title and 
text of the proposed measure. Each signer shall add to his signature 
his place of residence, giving the street and number if such exist. His 
election precinct shall also appear on the paper after his name. The 
number of signatures attached to each section shall be at the pleasure 
of the person soliciting signatures to the same. Any qualified elector of 
the State shall be competent to solicit said signatures within the county 
or city and county of which he is an elector. Each section of the petition 
shall bear the name of the county or city and county in which it is cir¬ 
culated, and only qualified electors of such county or city and county 
shall be competent to sign such section. Each section shall have attached 
thereto the affidavit of the person soliciting signatures to the same, 
stating his own qualifications and that all the signatures to the attached 
section were made in his presence and that to the best of his knov/ledge 
and belief each signature to the section is the genuine signature of the 
person whose name it purports to be, and no other affidavit thereto shall 
be required. The affidavit of any person soliciting signatures hereunder 
shall be verified free of charge by any officer authorized to administer 
oaths. Such petitions so verified shall be prima facie evidence that the 
signatures thereon are genuine and that the persons signing the same 
are qualified electors. Unless and until it be otherwise proven upon 
official investigation, it shall be presumed that the petition presented 
contains the signatures of the requisite number of qualified electors. 

Each section of the petition shall be filed with the clerk or registrar 
of voters of the county or city and county in which it was circulated, 
but all said sections circulated in any county or city and county shall 
be filed at the same time. Within twenty days after the filing of such 
petition in his office the said clerk, or registrar of voters shall determine 
from the records of registration what number of qualified electors have 
signed the same, and if necessary the Board of Supervisors shall allow 
said clerk or registrar additional assistants for the purpose of examining 
such petition and provide for their compensation. The said clerk or 
registrar, upon the completion of such examination, shall forthwith attach 
to said petition, except the signatures thereto appended, his certificate, 
properly dated, showing the result of said examination and shall forth¬ 
with transmit said petition, together with his said certificate, to the Sec- 


Acts repealed 
by vote of 
the people. 


Measures 
to be printed 
and mailed 
to each 
elector. 


Failure to 
submit 
measure 
at the 
election. 


Petitions 
may be 
presented 
in sections. 


Who may 

solicit 

signatures. 


Affidavit. 


Verification 
of affidavit. 


Petitions 
shall be 
filed with 
clerk or 
registrar 
of voters. 

Supervistors 
to allow 
additional 
assistants. 


Registrars 

certificate. 


40 


CALIFORNIA ELECTION LAWS. 


Supplemental 

petitions. 


Copy to 
secretary of 
state. 


Certificate. 


Duties of 
registrar 
to be 
performed 
where office 
exists. 


Manner of 
providing for 
“Initiative’ ’ 

and 

‘ ‘Refer¬ 
endum.’ ’ 


Election 
officers 
to be 
guided by. 


When Held. 

Term of 
Office. 


Term of 
Office. 


retary of State and also file a copy of said certificate in his office. Within 
forty days from the transmission of the said petition and certificate by 
the clerk or registrar to the Secretary of State, a supplemental petition 
identical with the original as to the body of the petition but containing 
supplemental names, may be filed with the clerk or registrar of voters, 
as aforesaid. The clerk or registrar of voters shall within ten days after 
the filing of such supplemental petition make like examination thereof, 
as of the original petition, and upon the completion of such examination 
shall forthwith attach to said petition his certificate, properly dated, 
showing the result of said examination, and shall forthwith transmit a 
copy of said supplemental petition, except the signatures thereto ap¬ 
pended, together with his certificate, to the Secretary of State. 

When the Secretary of State shall have received from one or more 
county clerks or registrars of voters a petition certified as herein pro¬ 
vided to have been signed by the requisite number of qualified electors, 
he shall forthwith transmit to the county clerk or registrar of voters of 
every county or city and county in the State his certificate showing such 
fact. A petition shall be deemed to be filed with the Secretary of State 
upon the date of the receipt by him of a certificate or certificates show¬ 
ing said petition to be signed by the requisite number of electors of 
the State. Any county clerk or registrar of voters shall, upon receipt 
of such copy, file the same for record in his office. 

The duties herein imposed upon the clerk or registrar of voters shall 
be performed by such registrar of voters in all cases where the office of 
registrar of voters exists. 

The initiative and referendum powers of the people are hereby further 
reserved to the electors of each county, city and county, city and town of 
the State, to be exercised under such procedure as may be provided by 
law. Until otherwise provided by law, the legislative body of any such 
county, city and county, city or town may provide for the manner of exer¬ 
cising the initiative and referendum powers herein reserved to such 
counties, cities and counties, cities and towns, but shall not require more 
than fifteen per cent of the electors thereof to propose any initiative 
measure nor more than ten per cent of the electors thereof to order the 
referendum. Nothing contained in this section shall be construed as 
affecting or limiting the present or future powers of cities or cities and 
counties having charters adopted under the provisions of section eight of 
article eleven of this constitution. 

In the submission to the electors of any measure under this section, all 
officers shall be guided by the general laws of this State, except as is 
herein otherwise provided. 

This section is self-executing, but legislation may be enacted to facil¬ 
itate its operation, but in no way limiting or restricting either the pro¬ 
visions of this section or the powers herein reserved. [Amendment 
adopted October 10, 1911.] 

Sec. 3. Election of Members of the assembly. Members of the Assem¬ 
bly shall be elected in the year 1879, at the time and in the manner now 
provided by law. The second election of members of the Assembly, after 
the adoption of this Constitution, shall be on the first Tuesday after the 
first Monday in November, 1880. Thereafter members of the Assembly 
shall be chosen biennially, and their term of office shall be two years; 
and each election shall be on the first Tuesday after the first Monday in 
November, unless otherwise ordered by the Legislature. 

55 Cal. 622; 56 Cal. 100; 58 Cal. 560; 96 Cal. 291; 114 Cal. 169. 

Sec. 4. Election of Senators. Senators shall be chosen for the term of 
four years, at the same time and places as Members of the Assembly, 
and no person shall be a member of the Senate or Assembly who has 
not been a citizen and inhabitant of the State three years, and of the 
district for which he shall be chosen one year, next before his election. 

Sec. 5. Forty members of the Senate. The Senate shall consist of forty 
members, and the Assembly of eighty members, to be elected by districts, 


CONSTITUTION OF STATE. 


41 


numbered as hereinafter provided. The seats of the twenty Senators 
elected in the year eighteen hundred and eighty-two from the odd-num¬ 
bered districts shall be vacated at the expiration of the second year, so 
that one-half of the Senators shall be elected every two years; provided, 
that all the Senators elected at the first election under this Constitution 
shall hold office for the term of three years. 

Sec. 6. Senatorial Districts forty. For the purpose of choosing mem¬ 
bers of the Legislature, the State shall be divided into forty senatorial and 
eighty assembly districts, as nearly equal in population as may be, and 
composed of contiguous territory, to be called senatorial and assembly 
districts. Each senatorial district shall choose one Senator, and each 
assembly district shall choose one Member of Assembly. The senatorial 
districts shall be numbered from one to forty, inclusive, in numerical 
order, and the assembly districts shall be numbered from one to eighty 
in the same order, commencing at the northern boundary of the State 
and ending at the southern boundary thereof. In the formation of such 
districts no county, or city and county, shall be divided, unless it contains 
sufficient population within itself to form two or more districts, nor shall 
a part of any county, or of any city and county, be united with any other 
county, or city and county, in forming any district. The census taken 
under the direction of the Congress of the United States in the year one 
thousand eight hundred and eighty, and every ten years thereafter, shall 
be the basis of fixing and adjusting the legislative districts; and the Legis¬ 
lature shall, at its first session after each census, adjust such districts 
and reapportion the representation so as to preserve them as near equal 
in population as may be. But in making such adjustment no persons who 
are not eligible to become citizens of the United States, under the natu¬ 
ralization laws, shall be counted as forming a part of the population of 
any district. Until such districting as herein provided for shall be made 
Senators and Assemblymen shall be elected by the districts according to 
the apportionment now provided for by law. 

Sec. 12. Election to fill vacancies. When vacancies occur in either 
house, the Governor, or the person exercising the functions of the Gov¬ 
ernor, shall issue writs of election to fill such vacancies. 

Sec. 19. Members not eligible to certain offices. No Senator or Mem¬ 
ber of Assembly shall, during the term for which he shall have been 
elected, be appointed to any civil office of profit under this State which 
shall have been created, or the emoluments of which have been increased, 
during such term, except such offices as may be filled by election by the 
people. 

Sec. 20. Persons not eligible to civil office of profit. No person holding 
any lucrative office under the United States, or any other power, shall be 
eligible to any civil office of profit under this State; provided, that officers 
in the militia who receive no annual salary, local officers, or postmasters 
whose compensation does not exceed five hundred dollars per annum, shall 
not be deemed to hold lucrative offices. 

Sec. 21. Embezzlement. No person convicted of the embezzlement or 
defalcation of the public funds of the United States, or of any state, or of 
any county or municipality therein, shall ever be eligible to any office of 
honor, trust, or profit under this State, and the Legislature shall provide, 
by law, for the punishment of embezzlement or defalcation as a felony. 

Sec. 25. The Legislature shall not pass local or special laws in any of 
the following enumerated cases, that is to say: 

Ninth. Regulating county and township business, or the election of 
county and township officers. 

Eleventh. Providing for conducting elections, or designating the places 
of voting, except on the organization of new counties. 

Twenty-first. Changing county seats. 

Twenty-second. Restoring to citizenship persons convicted of infamous 
crimes. 


Eighty 

members 
of the 

Assembly. 


Assembly 

Districts 

Fifty. 


Districts how 
numbered. 


Legislature 
to divide. 


Composed of. 


Term of 
Office. 


42 


CALIFORNIA ELECTION LAWS. 


Twenty-eighth. Creating offices, or prescribing the powers and duties 
of officers in counties, cities, cities and Counties, township, election or 
school district. " ' ■ 

Twenty-nine. Affecting the fees or salary of any' office. 

Thirty-third. In all other cases where a general law can be made ap¬ 
plicable. 

Sec. 27. Congressional Districts, Formation of. When a congressional 
district shall be composed of two or more counties, it shall not be sep¬ 
arated by any county belonging to another district. No county, or city 
and county, shall be divided in forming a congressional district so as to 
attach one portion of a county, or city and county, to another county, or 
city and county, except in cases where one county, or city and county, 
has more population than the ratio required for one or more congress¬ 
men; but the Legislature may divide any county, or city and county, into 
as many congressional districts as it may be entitled to by law. Any 
county, or city and county containing a population greater than the num¬ 
ber required for one congressional district, shall be formed into one or 
more congressional districts, according to the population thereof, and any 
residue, after forming such district or districts, shall be attached, by 
compact adjoining assembly districts, to a contiguous county or counties, 
and form a congressional district. In dividing a county, or city and county, 
into congressional districts, no assembly district shall be divided so as 
to form a part of more than one congressional district, and every such 
congressional district shall be composed of compact contiguous assembly 
districts. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section 1. Power vested in the governor. The supreme executive power 
of this State shall be vested in a chief magistrate, who shall be styled the 
Governor of the State of California. 

Sec. 2 Election of Governor. The Governor shall be elected by the 
qualified electors at the time and places of voting for members of the 
Assembly, and shall hold his office four years from and after the first 
Monday after the first day of January subsequent to his election, and until 
his successor is elected and qualified. 

Sec. 3. Who eligible to office of governor. No person shall be eligible 
to the office of Governor who has not been a citizen of the United States 
and a resident of this State five years next preceding his election, and 
attained the age of twenty-five years at the time of such election. 

Sec. 4. Election returns for governor, how transmitted. The returns of 
every election for Governor shall be sealed up and transmitted to the seat 
of government, directed to the Speaker of the Assembly, who shall, during 
the first week of the session, open and publish them in the presence of 
both houses of the Legislature. The person having the highest number 
of votes shall be Governor; but in case any two or more have an equal 
and the highest number of votes, the Legislature shall, by joint vote of 
both houses, choose one of such persons so having an equal and the 
highest number of votes for Governor. 

Sec. 8. When Governor fills vacancies. When any office shall, from any 
cause, become vacant, and no mode is provided by the Constitution and 
law for filling such vacancy, the Governor shall have power to fill such 
vacancy by granting a commission, which shall expire at the end of the 
next session of the Legislature, or the next election by the people. 

Sec. 15. Election of, and power vested in lieutenant-governor. A Lieu¬ 
tenant-Governor shall be elected at the same time and place, and in the 
same manner, as the Governor, and his term of office and his qualifica¬ 
tions shall be the same. He shall be president of the Senate, but shall 
only have a casting vote therein. 

Sec. 16. In case of vacancy in the office of governor. In case of the 


CONSTITUTION OF STATE. 


43 


impeachment of the Governor, or his removal from office, death; inability 
to discharge the powers and duties Of his offic^, resignation, or absence 
from the State, the powers and duties of the office shall devolve upon the 
Lieutenant-Governor for the residue of the term, or until the disability 
shall cease. And should the Lieutenant-Governor be impeached, displaced, 
resign, die, or become incapable of performing the duties of his office, or 
be absent from the State, the President pro tempore of the Senate shall 
act as Governor until the vacancy in the office of Governor shall be filled 
at the next general election when members of the Legislature shall be 
chosen, or until such disability of the Lieutenant-Governor shall cease. 
In case of a vacancy in the office of Governor for any of the reasons 
above named, and neither the Lieutenant-Governor nor the President pro 
tempore of the Senate succeed to the powers and duties of Governor, then 
the powers and duties of such office shall devolve upon the Speaker of 
the Assembly, until the office of Governor shall be filled at such general 
election. [Amendment adopted November 8, 1898.] 

Sec. 17. Election of state executive officers. A Secretary of State, a 
Controller, a Treasurer, an Attorney-General and a Surveyor-General shall 
be elected at the same time and places, and in the same manner, as the 
Governor and Lieutenant-Governor, and their terms of office shall be the 
same as that of the Governor. 

Sec. 19. The Governor, Lieutenant-Governor, Secretary of State, Con¬ 
troller, Treasurer, Attorney-General, and Surveyor-General shall, at stated 
times during their continuance in office, receive for their services a com¬ 
pensation which shall not be increased or diminished during the term 
for which they shall have been elected, which compensation is hereby fixed 
for the following officers, as follows: Governor, ten thousand dollars per 
annum; Lieutenant-Governor, four thousand dollars; the Secretary of 
State, Controller, Treasurer, and Surveyor-General, five thousand dollars 
each per annum, and the Attorney-General, six thousand dollars per annum, 
such compensation to be in full for all services by them respectively 
rendered in any official capacity or employment whatsoever during their 
respective terms of office; provided, however, that the Legislature may, 
by law, diminish the compensation of any or all of such officers, but in 
no case shall have the power to increase the same above the sums hereby 
fixed by this Constitution. No salary shall be authorized by law for 
cle ical service in any office provided for in this article, exceeding eighteen 
hundred dollars per annum for each clerk employed. The Legislature 
may, in its discretion, abolish the office of Surveyor-General; and none of 
the officers hereinbefore named shall receive for their own use any fees 
or perquisites for the performance of any official duty. (Amendment 
adopted November 3, 1908.) 

Sec. 20. Governor not eligible to U. S. Senate. The Governor shall not, 
during his term of office, be elected a Senator to the Senate of the United 
States. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1. Judicial power how vested. The judicial power of the State 
shall be vested in the Senate, sitting as a court of impeachment, in a 
Supreme Court, District Courts of Appeal, Superior Courts and such in¬ 
ferior courts as the Legislature may establish in any incorporated city or 
town, township, county, or city and county. (Amendment adopted Oc¬ 
tober 10, 1911.) 

Sec. 3. Election of Justices of Supreme Court. The Chief Justice and 
the Associate Justices shall be elected by the qualified electors of the 
State at large at the general state elections, at the time and places at 
which state officers are elected; and the term of office shall be twelve 
years from and after the first Monday after the first day of January next 
succeeding their election; provided, that the six Associate Justices elected 
.at the first election shall, at their first meeting, so classify themselves, 


44 


CALIFORNIA ELECTION LAWS. 


Term of 
Office. 


Appellate 
districts, 
division of. 


by lot, that two of them shall go out of office at the end of four years, two 
of them at the end of eight years, and two of them at the end of twelve 
years, and an entry of such classification shall be made in the minutes 
of the court in bank, signed by them, and a duplicate thereof shall be 
filed in the office of the Secretary of State. If a vacancy occur in the 
office of a justice, the Governor shall appoint a person to hold the office 
until the election and qualification of a justice to fill the vacancy, which 
election shall take place at the next succeeding general election, and the 
justice so elected shall hold the office for the remainder of the unexpired 
term. The first election of the justices shall be at the first general elec¬ 
tion after the adoption and ratification of this Constitution. 

Sec. 4. Jurisdiction of supreme court and district courts of appeal— 
Appellate districts. The Supreme Court shall have appellate jurisdiction 
on appeal from the Superior Courts in all cases in equity, except such 
as arise in Justices’ Courts; also, in all cases at law which involve the 
title or possession of real estate, or the legality of any tax, impost, as¬ 
sessment, toll, or municipal fine, or in which the demand, exclusive of 
interest, or the value of the property in controversy, amounts to two 
thousand dollars; also, in all such probate matters as may be provided 
by law; also, on questions of law alone, in all criminal cases where judg¬ 
ment of death has been rendered; the said court shall also have appellate 
juiisdiction in all cases, matters, and proceedings pending before a Dis¬ 
trict Court of Appeal, which shall be ordered by the Supreme Court to 
be transferred to itself for hearing and decision, as hereinafter provided. 
The said court shall also have power to issue writs of mandamus, cer¬ 
tiorari, prohibition, and habeas corpus, and all other w r rits necessary or 
proper to the complete exercise of its appellate jurisdiction. Each of 
the justices shall have power to issue writs of habeas corpus to any part 
of the State, upon petition by or on behalf of any person held in actual 
custody, and may make such writs returnable before himself or the Su¬ 
preme Court, or before any District Court of Appeal, or before any judge 
thereof, or before any Superior Court in the State, or before any judge 
thereof. 

The State is hereby divided into three appellate districts, in each of 
which there shall be a District Court of Appeal consisting of three justices. 
The first district shall embrace the following counties: San Francisco, 
Marin, Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa 
Cruz, Monterey, and San Benito. 

The second district shall embrace the following counties: Tulare, 
Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, 
San Bernardino, Orange, Riverside, and San Diego. 

The third district shall embrace the following counties: Del Norte, 
Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen. Tehama, Plumas, 
Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, 
Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, 
Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, 
Alpine and Mono. 

The Supreme Court, by orders entered in its minutes, may from time 
to time remove one or more counties from one appellate district to an¬ 
other, but no county not contiguous to another county of a district shall 
be added to such district. 

Said District Courts of Appeal shall hold their regular sessions respect¬ 
ively at San Francisco, Los Angeles, and Sacramento, and they shall 
always be open for the transaction of business. 

The Distiict Courts of Appeal shall have appellate jurisdiction on ap¬ 
peal from the Superior Courts in all cases at law in which the demand, 
exclusive of interest, or the value of the property in controversy, amounts 
to three hundred dollars, and does not amount to two thousand dollars; 
also, m all cases of forcible and unlawful entry and detainer (except such 
as aiise in Justices’ Courts), in proceedings in insolvency, and in actions 
to prevent or abate a nuisance; in proceedings of mandamus, certiorari, 


CONSTITUTION OF STATE. 


45 


and prohibition, usurpation of office, contesting elections and eminent do¬ 
main, and in such other special proceedings as may be provided by law 
(excepting cases in which appellate jurisdiction is given to the Supreme 
Court); also, on questions of law alone, in all criminal cases prosecuted 
by indictment or information in a court of record, excepting criminal 
cases where judgment of death has been rendered. The said courts shall 
also have appellate jurisdiction in all cases, matters, and proceedings 
pending before the Supreme Court which shall be ordered by the Supreme 
Court to be transferred to a District Court of Appeal for hearing and 
decision. The said courts shall also have power to issue writs of man¬ 
damus, certiorari, prohibition, and habeas corpus, and all other writs 
necessary or proper to the complete exercise of their appellate jurisdiction. 
Each of the justices thereof shall have power to issue writs of habeas 
corpus to any part of his appellate district upon petition by or on behalf 
of any person held in actual custody, and may make such writs returnable 
before himself or the District Court of Appeal of his district, or before 
any Superior Court within his district, or before any judge thereof. 

The Supreme Court shall have power to order any cause pending 
beiore the Supreme Court to be heard and determined by a District 
Court of Appeal, and to order any cause pending before a District 
Court of Appeal to be heard and determined by the Supreme Court. 
The order last mentioned may be made before judgment has been 
pronounced by a District Court of Appeal, or within thirty days after 
such judgment shall have become final therein. The judgments of 
the District Courts of Appeal shall become final therein upon the 
expiration of thirty days after the same shall have been pronounced. 

The Supreme Court shall have power to order causes pending before 
a District Court of Appeal for one district to be transferred to the 
District Court of Appeal of another district for hearing and decision. 

The Justices of the District Courts of Appeal shall be elected by 
the qualified electors within their respective districts at the general 
state elections at the times and places at which Justices of the Supreme 
Court are elected. Their terms of office and salaries shall be the same 
as those of Justices of the Supreme Court, and their salaries shall be 
paid by the State. Upon the ratification by the people of this amend¬ 
ment the Governor shall appoint nine persons to serve as Justices of 
the District Courts of Appeal until the first Monday after the first day 
of January in the year 1907; provided, that not more than six of said 
persons shall be members of the same political party. At the election 
in the year 1906 nine of such justices shall be elected as above provided, 
and the justices of each District Court of Appeal shall so classify them¬ 
selves by lot that one of them shall go out of office at the end of 
four years, one of them at the end of eight years, and one of them at 
the end of twelve years; an entry of such classification shall be made 
in the minutes of the court, signed by the three justices thereof, and 
a duplicate thereof filed in the office of the Secretary of State. If 
any vacancy occur in the office of a Justice of the District Courts of 
Appeal, the Governor shall appoint a person to hold office until the 
election and qualification of a justice to fill the vacancy; such election 
shall take place at the next succeeding general State election as afore¬ 
said; the justice then elected shall hold the office for the unexpired 
term. 

One of the justices of each of the District Courts of Appeal shall 
be the presiding justice thereof, and as such shall be appointed or 
elected as the case may be. The presence of three justices shall be 
necessary for the transaction of any business by such court, except such 
as may be done at chambers, and the concurrence of three justices 
shall be necessary to pronounce a judgment. 

Whenever any Justice of the Supreme Court is for any reason dis¬ 
qualified or unable to act in a cause pending before it, the remaining 
justices may select one of the Justices of the District Court of Appeal 
to act pro tempore in the place of the justice so disqualified or unable 
to act. 


Election of 
justices of 
the District 
Courts of 
Appeal. 


Term of 
office. 


When 

vacancies 

occur. 


46 


CALIFORNIA ELECTION LAWS. 


Whenever any Justice of a District Court of Appeal is for any reason 
disqualified or unable to act in any cause pending before it, the Supreme 
Court may appoint a Justice of the District Court of Appeal of another 
district, or a Judge of a Superior Court who has not acted in the cause 
in the court below, to act pro tempore in the place of the justice so 
disqualified or unable to act. • *. i ’ 

No appeal taken to the Supreme Court or to a District Court of Ap¬ 
peal shall be dismissed for the reason only that the same was not 
taken to the proper court, but the cause shall be transferred to the 
proper court upon such terms as) to costs or otherwise as may be just, 
and shall be proceeded with therein as if regularly appealed thereto. 

All statutes how in force allowing, providing for, or regulating appeals 
to the Supreme Court shall apply to appeals to the District Courts of 
Appeal so far as such statutes are not inconsistent with this article 
and until the Legislature shall otherwise provide. 

The Supreme Court shall make and adopt rules not inconsistent with 
law for the government of the Supreme Court and of the District 
Courts of Appeal and of the officers thereof, and for regulating the 
practice in said courts. (Amendment adopted November 8, 1904.) 

Sec. 6. Election of Superior Judges. There shall be in each of the 
organized counties, or cities and counties, of the State, a Superior Court, 
for each of which at least one judge shall be elected by the qualified 
electors of the county, or city and county, at the general State election; 
provided, that until otherwise ordered by the Legislature, only one 
judge shall be elected for the counties of Yuba and Sutter, and that 
in the City and County of San Francisco there shall be elected twelve 
Judges of the Superior Court, any one or more of whom may hold court. 
There may be as many sessions of said court, at the same time, as 
there are judges thereof. The said judges shall choose, from their 
own number, a piesiding judge, who may be removed at their pleasure. 
He shall distribute the business of the court among the judges thereof, 
and prescribe the order of business. The judgments, orders, and pro¬ 
ceedings of any session of the Superior Court held by any one or more 
of the judges of said court, respectively, shall be equally effectual as 
if all the judges of said respective courts presided at such session. 
In each of the counties of Sacramento, San Joaquin, Los Angeles, Sonoma, 
Santa Clara, and Alameda there shall be elected two such judges. The 
term of office of Judges of the Superior Courts shall be six years from 
and after the first Monday of January next succeeding their election; 
provided, that the twelve Judges of the Superior Court elected in the 
City and County of San Francisco, at the first election held under 
this Constitution, shall at their first meeting so classify themselves, 
by lot, that four of them shall go out of office at the end of two years, 
and four of them shall go out of office at the end of four years, and 

four of them shall go out of office at the end of six years, and an entiy 

of such classification shall be made in the minutes of the court, signed 
by them, and a duplicate thereof filed in the office of the Secretary 
of State. The first election of Judges of the Superior Courts shall 
take place at the first general election held after the adoption and 
ratification of this Constitution. If a vacancy occur in the office of 
Judge of a Superior Court, the Governor shall appoint a person to hold 
the office until the election and qualification of a , judge to fill the 
vacancy, which election shall take place at the next succeeding general 

election, and the judge so elected shall hold office for the remainder 

of the unexpired term. 

Sec. 9. Leave of Absence not to be granted. The Legislature shall 
have no power to grant leave of absence to any judicial officer; and 
any such officer who shall absent himself from the State for more 
than sixty consecutive days shall be deemed to have forfeited his of¬ 
fice. The Legislature of the State may, at any time, two-thirds of the 
members of the Senate and two-thirds of the members of the Assembly 
voting therefor, increase or diminish the number of Judges of the 


. .CONSTITUTION OF STATE. 


47 


Superior Court in any county, or city and county, in the State; provided, 
that no such reduction shall affect any judge who has been elected. 

Sec. 11. Justices of the peace, number and powers of. The Legisla¬ 
ture shall determine the number of each of the inferior courts in in¬ 
corporated cities or towns, and in townships, counties, or cities and 
counties, according to the population thereof and the number of judges 
or justices thereof, and shall fix by law the powers, duties and responsi¬ 
bilities of each of such courts and of the! judges or justices thereof; 
provided, such powers shqll not in any case trench upon the jurisdiction 
of the several courts of. record, except that the Legislature shall provide 
that said courts shall have concurrent jurisdiction with the Superior 
Courts in cases of forcible entry and detainer, where the rental value 
does not exceed twenty-five dollars per month, and where the whole 
amount of damages claimed does not exceed two hundred dollars, and 
in cases to enforce and foreclose liens on personal property when 
neither the amount of liens nor the value of the property amounts to 
three hundred dollars. (Amendment adopted October 10, 1911.) 

Sec. 14. Clerks of courts—Court commissioners. The county clerks 
shall be ex-ofticio clerks of the courts of record in and for their re¬ 
spective counties, or cities and counties. The Legislature may also 
provide for the appointment, by the several superior courts, of one or 
more commissioners in their respective counties, or cities and counties, 
with authority to perform chamber business of the Judges of the 
Superior Courts, to take depositions, and perform such other business 
connected with the administration of justice as may be prescribed by 
law. (Amendment adopted October 10, 1911.) 

Sec. 17. Salaries, not to be increased or diminished after election.. 

The Justices of the Supreme Court and of the District Courts of Ap¬ 
peal, and the Judges of the Superior Courts, shall severally, at stated 
times during their continuance in office, receive for their service such 
compensation as is or shall be provided by law. The salaries of the 
Judges of the Superior Court, in all counties having but one judge, 
and in all counties in which the terms of the Judges of the Superior 
Court expire at the same time, shall not hereafter be increased or 
diminished after their election, nor during the term for which they 
shall have been elected. Upon the adoption of this amendment the 
salaiies then established by law shall be paid uniformly to the justices 
and judges then in office. The salaries of the Justices of the Supreme 
Court and of the District Courts of Appeal shall be paid by the State. 
One half of the salary of each Superior Court Judge shall be paid by 
the State; and the other half thereof shall be paid by the county for 
which he is elected. On and after the first day of January, A. D. one 
thousand nine hundred and seven, the Justices of the Supreme Court 
shall each receive an annual salary of eight thousand dollars, and the 
Justices of the several District Courts of Appeal shall each receive an 
annual salary of seven thousand dollars; the said salaries to be pay¬ 
able monthly. (Amendment adopted November 6, 1906.) 

Sec. 18. Not eligible to other offices, when. The Justices of the 

Supreme Court, and of the District Coyrts of Appeal, and the Judges 

of the Superior Courts shall be ineligible to any other office or public 
employment than a judicial office or employment during the term for 
which they shall have been elected. (Amendment adopted November 
8, 1904.) 

. ARTICLE IX. 

EDUCATION. 

Sec. 2. Sup’t of public instruction. A Superintendent of Public In¬ 
struction shall, at each gubernatorial election after the adoption of this 
Constitution, be elected by the qualified electors of the State. He shall 

receive a salary equal to that of the Secretary of State, and shall 

enter upon the duties of his office on the first Monday after the first 
day of January next succeeding his election. 


48 


CALIFORNIA ELECTION LAWS. 


Sec. 3. Election of. A Superintendent of Schools for each county 
shall be elected by the qualified electors thereof at each gubernatorial 
election; provided, that the Legislature may authorize two or more 
counties to unite and elect one Superintendent for the counties so 
uniting. 

ARTICLE XI. 

COUNTIES, CITIES, AND TOWNS. 

Sec. 2. Removal of county seat, election for. No county seat shall 
be removed unless two thirds of the qualified electors of the county, 
voting on the proposition at a general election shall vote in favor 
of such removal. A proposition of removal shall not be submitted 
in the same county more than once in four years. 

Sec. 3. Formation of new counties. The Legislature, by general and 
uniform laws, may provide for the alteration of county boundary lines, 
and for the formation of new counties; provided, however,, that no 
new county shall be established which shall reduce any county to 
a population of less than twenty thousand; nor shall a new county 
be formed containing a less population than eight thousand; nor shall 
any line thereof pass within five miles of the exterior boundary of the 
city or town in which the county seat of any county proposed to be 
divided is situated. Every county which shall be enlarged or created 
from territory taken from any other county or counties, shall be liable 
for a just proportion of the existing debts and liability of the county or 
counties from which such territory shall be taken. (Amendment adopted 
November 8, 1910.) 

Sec. 4. County government and township organization. The Legis¬ 
lature shall establish a system of county governments, which shall 
be uniform throughout the State; and by general laws shall provide 
for township organization, under which any county may organize when¬ 
ever a majority of the qualified electors of such county, voting at a 
general election, shall so determine; and whenever a county shall adopt 
township organization, the assessment and collection of the revenue 
shall be made, and the business of such county and the local affairs 
of the several townships therein shall be managed and transacted, in 
the manner prescribed by such general laws. 

Sec. 5. How elected to office. The Legislature, by general and uniform 
laws, shall provide for the election or appointment, in the several counties, 
of Boards of Supervisors, Sheriffs, County Clerks, District Attorneys, and 
such other county, township, and municipal officers as public convenience 
may require, and shall prescribe their duties and fix their terms of office. 
It shall regulate the compensation of all such officers, in proportion to 
duties, and may also establish fees to be charged and collected by such 
officers for services performed in their respective offices, in the manner 
and for the uses provided by law, and for this purpose may classify the 
counties by population; and it shall provide for the strict accountability 
of county and township officers for all fees which may be collected by 
them, and for all public and municipal moneys which may be paid to 
them, or officially come into their possession. It may regulate the com¬ 
pensation of grand and trial jurors in all courts within the classes of 
counties herein permitted to be made; such compensation, however, shall 
not, in any class, exceed the sum of three dollars per day and mileage. 
(Amendment adopted November 3, 1908.) 

Sec. 6. Municipal corporations, how created. Corporations for mu¬ 
nicipal purposes shall not be created by special laws; but the Legislature, 
by general laws, shall provide for the incorporation, organization, and 
classification, in proportion to population, of cities and towns, which laws 
may be altered, amended, or repealed. Cities and towns heretofore or¬ 
ganized or incorporated may become organized under such general laws 
whenever a majority of the electors voting at a general election shall 
so determine, and shall organize in conformity therewith; and cities and 
towns heretofore or hereafter organized, and all charters thereof framed 


CONSTITUTION OF STATE. 


49 


or adopted by authority of this Constitution, except in municipal affairs, 
shall be subject to and controlled by general laws. (Amendment adopted 
November 3, 1896.) 

Sec. 7. Merging of city and county government. City and county gov¬ 
ernments may be merged and consolidated into one municipal govern¬ 
ment, with one set of officers, and may be incorporated under general 
laws providing for the incorporation and organization of corporations 
for municipal purposes. The provisions of this Constitution applicable 
to cities, and also those applicable to counties, so far as not inconsistent 
or prohibited to cities, shall be applicable to such consolidated govern¬ 
ment. (Amendment adopted November 6, 1894.) 

Sec. 7!4. How counties may frame a charter for its own government. 

Any county may frame a charter for its own government consistent 
with and subject to the Constitution (or, having framed such a charter, 
may frame a new one), relating to the matters hereinafter in this section 
specified, and none other, by causing a board of fifteen freeholders, who 
have been for at least five years qualified electors thereof, to be elected 
by the qualified electors of said county, at a general or special election. 
Said board of freeholders may be so elected in pursuance of an ordinance 
adopted by the vote of three fifths of all the members of the Board of 
Supervisors of such county, declaring that the public interest requires 
the election of such board for the purpose of preparing and proposing a 
chatter for said county, or in pursuance of a petition of qualified electors 
of said county as hereinafter provided. Such petition, signed by fifteen 
percentum of the qualified electors of said county, computed upon the 
total number of votes cast therein for all candidates for Governor at the 
last preceding general election at which a Governor was elected, praying 
for the election of a board of fifteen freeholders to prepare and propose 
a charter for said county, may be filed in the office of the County Clerk. 
It shall be the duty of said County Clerk, within twenty days after the 
filing of said petition, to examine the same, and to ascertain from the 
record of the registration of electors of the county, whether said petition 
is signed by the requisite number of qualified electors. If required by 
said clerk, the Board of Supervisors shall authorize him to employ per¬ 
sons specially to assist him in the work of examining such petition, and 
shall provide for their compensation. Upon the completion of such ex¬ 
amination, said clerk shall forthwith attach to said petition his certificate, 
properly dated, showing the result thereof, and if, by said certificate, it 
shall appear that said petition is signed by the requisite number of 
qualified electors, said clerk shall immediately present said petition to 
the Board of Supervisors, if it be in session, otherwise at its next regular 
meeting after the date of such certificate. Upon the adoption of such 
ordinance, or the presentation of such petition, said Board of Super¬ 
visors shall order the holding of a special election for the purpose of 
electing such board of freeholders, which said special election shall be 
held not less than twenty days nor more than sixty days after the 
adoption of the ordinance aforesaid or the presentation of said petition 
to said Board of Supervisors; provided, that if a general election shall 
occur in said county not less than twenty days nor more than sixty 
days after the adoption of the ordinance aforesaid, or such presentation 
of said petition to said Board of Supervisors, said board of freeholders 
may be elected at such general election. Candidates for election as 
members of said board of freeholders shall be nominated by petition, 
substantially in the same manner as may be provided by general law 
for the nomination, by petition of electors, of candidates for county 
offices, to be voted for at general elections. 

It shall be the duty of said board of freeholders, within one hundred 
and twenty days after the result of such election shall have been de¬ 
clared by said Board of Supervisors, to prepare and propose a charter 
for said county, which shall be signed in duplicate by the members of 
said board of freeholders, or a majority of them, and be filed, one copy 
in the office of the County Clerk of said county and the other in the 


Petition for. 


Special 
election, 
when and 
how 

conducted. 


Duty of 
freeholders 
after result 
of election 
has been 
declared. 


50 


CALIFORNIA ELECTION LAWS. 


Publication 
of proposed 
charter. 


Special 
election, 
when held. 


When 
charter 
becomes a 

law. 


Amendment 
to charter, 
how 

conducted. 


Circulation 
of copy. 


office of the County Recorder thereof. Said Board of Supervisors shall 
thereupon cause said proposed charter to be published for at least ten 
times in a daily newspaper of general circulation, printed, published and 
circulated in said county; provided, that in any county where no such 
daily newspaper is printed, published and circulated, such proposed 
charter shall be published for at least three times in at least one weekly 
newspaper, of general circulation, printed, published and circulated in 
such county; and provided, that in any county where neither such daily 
nor such weekly newspaper is printed, published and circulated, a copy 
of such proposed charter shall be posted by the County Clerk in three 
public places in said county, and on or near the entrance to at least one 
public schoolhouse in each school district in said county, and the first 
publication or the posting of such proposed charter shall be made within 
fifteen days after the filing of a copy thereof, as aforesaid, in the office 
of the County Clerk. Said proposed charter shall be submitted by said 
Board of Supervisors to the qualified electors of said county at a special 
election held not less than thirty days nor more than sixty days after 
the completion of such publication, or after such posting; provided, that 
if a general election shall occur in said county not less than thirty days 
nor more than sixty days after the completion of such publication, or 
after such posting, then such proposed charter may be so submitted at 
such general election. If a majority of said qualified electors, voting 
thereon at such general or special election, shall vote in favor of such 
proposed charter, it shall be deemed to be ratified, and shall be forth¬ 
with submitted to the Legislature, if it be in regular session, otherwise 
at its next regular session, or it may be submitted to the Legislature in 
extraordinary session, for its approval or rejection as a whole, without 
power of alteration or amendment. Such approval may be made by con¬ 
current resolution, and if approved by a majority vote of the members 
elected to each house, such charter shall become the charter of such 
county and shall become the organic law thereof relative to the matters 
therein provided, and supersede any existing charter framed under the 
provisions of this section, and all amendments thereof, and shall super¬ 
sede all laws inconsistent with such charter relative to the matters pro¬ 
vided in such charter. A copy of such charter, certified and authen¬ 
ticated by the chairman and clerk of the Board of Supervisors under 
the seal of said board and attested by the County Clerk of said county, 
setting forth the submission of such charter to the electors of said 
county, and its ratification by them, shall, after the approval of such 
charter by the Legislature, be made in duplicate, and filed, one in the 
office of the Secretary of State and the other, after being recorded in 
the office of the Recorder of said county, shall be filed in the office of 
the County Clerk thereof, and thereafter all courts shall take judicial 
notice of said charter. 

The charter, so ratified, may be amended by proposals therefor sub¬ 
mitted by the Board of Supervisors of the county to the qualified electors 
thereof at a general or special election held not less than thirty days 
nor more than sixty days after the publication of such proposals for 
ten times in a daily newspaper of general circulation, printed, published 
and circulated in said county; provided, that in any county where no 
such daily newspaper is printed, published and circulated, such pro¬ 
posed charter shall be published for at least three times in at least 
one weekly newspaper, of general circulation, printed, published and 
circulated in such county; provided, that in any county where neither 
such daily nor such weekly newspaper is printed, published and circu¬ 
lated, a copy of such proposed charter shall be posted by the County 
Clerk in three public places in said county, and on or near the entrance 
to at least one public schoolhouse in each school district in said county. 
If a majority of such qualified electors voting thereon, at such general 
or special election, shall vote in favor of any such proposed amend¬ 
ment or amendments, or any amendment or amendments proposed by 
petition as hereinafter provided, such amendment or amendments shall 
be deemed to be ratified, and shall be forthwith submitted to the Legis- 


CONSTITUTION OF STATE. 


51 


latuie, if it be in regular session, otherwise at its next regular session, 
or may be submitted to the Legislature in extraordinary session, for 
approval or rejection as a whole without power of alteration or amend¬ 
ment, and if approved by the Legislature, as herein provided for the 
appioval of the charter, such charter shall be amended accordingly. 
A copy of such amendment or amendments shall, after the approval 
thereof by the Legislature, be made in duplicate, and shall be authenti¬ 
cated, certified, recorded and filed as herein provided for the charter, 
and with like force and effect. Whenever a petition signed by ten 
per centum of the qualified electors of any county, computed upon the 
total number of votes cast in said county for all candidates for Gov¬ 
ernor at the last general election at which a Governor was elected, is 
filed in the office of the County Clerk of said county, petitioning the 
Board of Supervisors thereof to submit any proposed amendment or 
amendments to the charter of such county, which amendment or amend¬ 
ments shall be set forth in full in such petition, to the qualified electors 
thereof, such petition shall forthwith be examined and certified by the 
County Clerk, and if signed by the requisite number of qualified electors 
of such county, shall be presented to the said Board of Supervisors, 
by the said County Clerk, as hereinbefore provided for petitions for 
the election of boards of freeholders. Upon the presentation of said 
petition to said Board of Supervisors, said board must submit the amend¬ 
ment or amendments set forth therein to the qualified electors of said 
county at a general or special election held not less than thirty days 
nor more than sixty days after the publication or posting of such pro¬ 
posed amendment or amendments in the same manner as hereinbefore 
provided in the case of the submission of any proposed amendment or 
amendments to such charter, proposed and submitted by the Board 
of Supervisors. In submitting any such charter, or amendments thereto, 
any alternative article or proposition may be presented for the choice 
of the electors, and may be voted on separately without prejudice to 
others. 

Every special election held under the provisions of this section, for 
the election of boards of freeholders or for the submission of proposed 
charters, or any amendment or amendments thereto, shall be called 
by the Board of Supervisors, by ordinance, which shall specify the pur¬ 
pose and time of such election and shall establish the election precincts 
and designate the polling places therein, and the names of the election 
officers for each such precinct. Such ordinance, prior to such election 
shall be published five times in a daily newspaper, or twice in a weekly 
newspaper, if there be no such daily newspaper, printed, published and 
circulated in said county; provided, that if no such daily or weekly 
newspaper be printed or published in such county, then a copy of such 
ordinance shall be posted by the County Clerk in three public places 
in such county and in or near the entrance to at least one public 
schoolhouse in each school district therein. In all other respects, every 
such election shall be held and conducted, the returns thereof canvassed 
and the" result thereof declared by the Board of Supervisors in the same 
manner as provided by law for general elections. Whenever boards of 
freeholders shall be elected, or any such proposed charter, or amend¬ 
ment or amendments thereto, submitted, at a general election, the gen¬ 
eral laws applicable to the election of county officers and the submis¬ 
sion of propositions to the vote of electors, shall be followed in so far 
as the same may be applicable thereto. 

It shall be competent, in all charters, framed under the authority given 
by this section to provide, in addition to any other provisions allowable 
bv this Constitution, and the same shall provide, for the following matters: 

1. For Boards of Supervisors and for the constitution, regulation and 
government thereof, for the times at which and the terms for which 
the members of said board shall be elected, for the number of members, 
not less than three, that shall constitute such boards, for their com¬ 
pensation and for their election, either by the electors of the counties 


Petitions, 

when 

ratified. 


Elections to 
he called by 
Board of 
Supervisors. 


Provisions 
of charter. 


CALIFORNIA ELECTION LAWS. 


O* 


Elective 
officers to be 
elected in 
manner 
provided by 
general laws. 


May provide 
for formation 
of road 
districts, etc. 


at large or by districts; provided, that in any event said board shall 
consist of one member for each district, who must be a qualified elector 
thereof; and 

2. For Sheriffs, County Clerks, Treasurers, Recorders, License Collec¬ 
tors, Tax Collectors, Public Administrators, Coroners, Surveyors, District 
Attorneys, Auditors, Assessors and Superintendents of Schools, for the 
election or appointment of said officers, or any of them, for the times 
at which and the terms for which, said officers shall be elected or 
appointed, and for their compensation, or for the fixing of such com¬ 
pensation by Boards of Supervisors, and, if appointed, for the manner 
of their appointment; and 

3. For the number of Justices of the Peace and Constables for each 
township, or for the number of such Judges and other officers of such 
inferior courts as may be provided by the Constitution or general law, 
for the election or appointment of said officers, for the times at which 
and the terms for which said officers shall be elected or appointed, 
and for their compensation, or for the fixing of such compensation by 
Boards of Supervisors, and if appointed, for the manner of their ap¬ 
pointment; and 

4. For the powers and duties of Boards of Supervisors and all other 
county officers, for their removal and for the consolidation and segre¬ 
gation of county offices, and for the manner of filling all vacancies oc¬ 
curring therein; provided, that the provisions of such charters relating 
to the powers and duties of Boards of Supervisors and all other county 
officers shall be subject to and controlled by general laws; and 

5. For the fixing and regulation by Boards of Supervisors, by ordinance, 
of the appointment and number of assistants, deputies, clerks, attaches 
and other persons to be employed from time to time, in the several 
offices of the county, and for the prescribing and regulating by such 
boards of the powers, duties, qualifications and compensation of such 
persons, the times at which, and terms for which they shall be ap¬ 
pointed, and the manner of their appointment and removal; and 

6. For the compensation of such fish and game wardens, probation 
and other officers as may be provided by general law, or for the fixing 
of such compensation by Boards of Supervisors. 

All elective officers of counties, and of townships, of road districts 
and of highway construction divisions therein shall be nominated and 
elected in the manner provided by general laws for the nomination and 
election of such officers. 

All charters framed under the authority given by this section, in 

addition to the matters herein above specified, may provide as follows: 

For offices other than those required by the Constitution and laws 
of the State, or for the creation of any or all of such offices by Boards 

of Supervisors, for the election or appointment of persons to fill such 

offices, for the manner of such appointment, for the times at which 
and the terms for which such persons shall be so elected or appointed, 
and for their compensation, or for the fixing of such compensation by 
Boards of Supervisors. 

For offices hereafter created by this Constitution or by general law, 
for the election or appointment of persons to fill such offices, for the 
manner of such appointment, for the times at which and the terms for 
which such persons shall be so elected or appointed, and for their 
compensation, or for the fixing of such compensation by Boards of 
Supervisors. 

For the formation, in such counties, of road districts for the care, 
maintenance, lepair, inspection and supervision only of roads, highways 
and bridges; and for the formation, in such counties, of highway con¬ 
struction divisions for the construction only of roads, highways and 
bridges; for the inclusion in any such district or division, of the whole 
or any part of any incorporated city or town, upon ordinance passed 
by such incorporated city or town authorizing the same, and upon the 


CONSTITUTION OF STATE. 


63 


assent to such inclusion by a majority of the qualified electors of such 
incorporated city or town, or portion thereof, proposed to be so included, 
at an election held for that purpose; for the organization, government, 
powers and jurisdiction of such districts and divisions, and for raising 
revenue therein, for such purposes, by taxation, upon the assent of a 
majority of the qualified electors of such districts or divisions, voting 
at an election to be held for that purpose; for the incurring of indebted¬ 
ness therefor by such counties, districts or divisions for such purposes 
respectively, by the issuance and sale, by the counties, of bonds of such gale of bonds 
counties, districts or divisions, and the expenditure of the proceeds of 
the sale of such bonds, and for levying and collecting taxes against 
the property of the counties, districts or divisions, as the case may be, 
for the payment of the principal and interest of such indebtedness at 
maturity; provided, that any such indebtedness shall not be incurred 
without the assent of two thirds of the qualified electors of the county, 
district or division, as the case may be, voting at an election to be held 
for that purpose, nor unless before or at the time of incurring such 
indebtedness provision shall be made for the collection of an annual 
tax sufficient to pay the interest on such indebtedness as it falls due, 
and also for a sinking fund for the payment of the principal thereof 
on or before maturity, which shall not exceed forty years from the 
time of contracting the same, and the procedure for voting, issuing 
find selling such bonds shall, except in so far as the same shall be 
prescribed in such charters, conform to general laws for the authorizing Election for. 
and incurring by counties of bonded indebtedness, so far as applicable; 
provided, further, that provisions in such charters for the construction, 
ca;e, maintenance, repair, inspection and supervision of roads, highways 
and bridges for which aid from the State is granted, shall be subject to 
such regulations and conditions as may be imposed by the Legislature. 

Whenever any county has framed and adopted a charter, and the same 
shall have been approved by the Legislature, as herein provided, the s^^seded 
general laws adopted by the Legislature in pursuance of sections four by charter, 
and five of this article, shall, as to such county, be superseded by said 
charter as to matters for which, under this section it is competent to 
make provision in such charter, and for which provision is made therein, 
except as herein otherwise expressly provided, and except that any such 
charter shall not affect the tenure of office of the elective officers of 
the county, or of any district, township or division thereof, in office at 
the time such charter goes into effect, and such officers shall continue 
to hold their respective offices until the expiration of the term for which 
they shall have been elected, unless sooner removed in the manner pro¬ 
vided by law. 

The charter of any county, adopted under the authority of this section, 
may be surrendered and annulled with the assent of two thirds of the 
qualified electors of such county, voting at a special election, held for 
that purpose, and to be ordered and called by the Board of Supervisors Election for 
of the county upon receiving a written petition, signed and certified as surrender 
hereinabove provided for the purposes of the adoption of charters, re- annulment 
questing said board to submit the question of the surrender and annul- of charter, 
ment of such charter to the qualified electors of such county, and, in the 
event of the surrender and annulment of any such charter, such county 
shall thereafter be governed under general laws in force for the govern¬ 
ment of counties. 

The provisions of this section shall not be applicable to any county 
that is consolidated with any city. (New section; adopted October 10, 

1911.) 

Sec. 8. (New amendment) Cities which may frame charter. Any city 
containing a population of more than three thousand five hundred in¬ 
habitants as ascertained and established by the last preceding census, 
taken under the direction of the Congress of the United States, or by a 
census of said city, taken, subsequent to the aforesaid census, under the 
direction of the legislative body thereof, under laws authorizing the tak- 


54 


CALIFORNIA ELECTION LAWS. 


Population 

requii’ed. 


Duty of 
city clerk. 


Special 

employment 

for 

examining 

petitions. 


Duty of 
freeholders 
to prepare 
charter. 


ing of the census of cities, may frame a charter for its own government, 
consistent with, and subject to, the Constitution, (or, having framed such 
a charter, may frame a new one), by causing a board of fifteen free¬ 
holders, who shall have been, for at least five years, qualified electors 
thereof, to be elected by the qualified electors of said city, at a general or 
special municipal election. Said board of freeholders may be so elected in 
pursuance of an ordinance adopted by a vote of two thirds of all the mem¬ 
bers of the Council, or other legislative body, of such city, declaring that 
the public inteiest requires the election of such board for the purpose of 
preparing and proposing a charter for said city, or in pursuance of a peti¬ 
tion of qualified electors of said city, as hereinafter provided. Such petition, 
signed by fifteen per centum of the qualified electors of said city com¬ 
puted upon the total number of votes cast therein for all candidates for 
Governor at the last preceding general election at which a Governor was 
elected, praying for the election of a board of fifteen freeholders to pre¬ 
pare and propose a charter for said city, may be filed in the office of the 
City Clerk thereof. It shall be the duty of said City Clerk, within twenty 
days after the filing of said petition, to examine the same and to ascertain 
from the record of the registration of electors of the county, showing the 
registration of electors of said city, whether the petition is signed by the 
requisite number of qualified electors of such city. If required by said 
Clerk, the Council, or other legislative body, of said city shall authorize 
him to employ persons specially to assist him in the work of examining 
such petition, and shall provide for their compensation. Upon the com¬ 
pletion of such examination, said Clerk shall forthwith attach to said 
petition his certificate, properly dated, showing the result thereof, and if, 
by said certificate, it shall appear that said petition is signed by the 
requisite number of qualified electors, said Clerk shall present the said 
petition to said Council, or other legislative body, at its next regular 
meeting after the date of such certificate. Upon the adoption of such 
ordinance, or the presentation of such petition, said Council, or other 
legislative body, shall order the holding of a special election for the pur¬ 
pose of electing such board of freeholders, which said special election 
shall be held not less than twenty days, nor more than sixty days after 
the adoption of the ordinance aforesaid, or the presentation of said 
petition to said Council, or other legislative body; provided, that if a 
general municipal election shall occur in said city not less than twenty 
days, nor more than sixty days, after the adoption of the ordinance afore¬ 
said, or the presentation of said petition to said Council, or other legis¬ 
lative body, said board of freeholders may be elected at such general 
municipal election. Candidates for election as members of said board of 
freeholders shall be nominated by petition, substantially in the same man¬ 
ner as may be provided by general laws for the nomination by petition 
of electors of candidates for public offices to be voted for at general 
elections. 

It shall be the duty of said board of freeholders, within one hundred 
and twenty days after the result of such election shall have been de¬ 
clared by said Council, or other legislative body, to prepare and propose 
a charter for said city, which shall be signed in duplicate by the mem¬ 
bers of said board of freeholders, or a majority of them, and be filed, one 
copy in the office of the City Clerk of said city, and the other in the 
office of the County Recorder of the county in which said city is situated. 
Said Council, or other legislative body, shall, thereupon, cause said pro¬ 
posed charter to be published for at least ten times, in a daily news¬ 
paper of general circulation, printed, published and circulated in said 
city; piovided, that in any city where no such daily newspaper is printed, 
published and circulated, such proposed charter shall be published, for 
at least three times, in at least one weekly newspaper of general circu¬ 
lation, printed, published and circulated in said city, and, in any event, 
the first publication of such proposed charter shall be made within 
fifteen days after the filing of a copy thereof, as aforesaid, in the office 
of the City Clerk. Such proposed charter shall be submitted by said 
Council, or other legislative body, to the qualified electors of said city at 


CONSTITUTION OF STATE. 


55 


a special election held not less than twenty days, nor more than forty 
da>s, after the completion of such publication; provided, that if a gen- 
ei al municipal election shall occur in said city not less than twenty days, 
no' more than forty days, after the completion of such publication, then 
Midi proposed charter may be so submitted at such general election. If 
a majority of such qualified electors voting thereon at such general or 
special election shall vote in favor of such proposed charter, it shall be 
deemed to be ratified, and shall be submitted to the Legislature, if it be 
in regular session, otherwise at its next regular session, or it may be 
submitted to the Legislature in extraordinary session, for its approval 
or rejection as a whole, without power of alteration or amendment. Such 
approval may be made by concurrent resolution, and if approved by a 
majority vote of the members elected to each house, such charter shall 
become the charter of such city, or, if such city be consolidated with a 
county, then of such city and county, and shall become the organic law 
thereof, and supersede any existing charter, (whether framed under the 
provisions of this section of the Constitution or not,) and all amendments 
thereof, and all laws inconsistent with such charter. A copy of such 
charter, certified by the Mayor, or other chief executive officer of said 
city, and authenticated under the seal of such city, setting forth the sub¬ 
mission of such charter to the electors of said city, and its ratification 
by them, shall, after the approval of such charter by the Legislature, 
be made in duplicate and deposited, one in the office of the Secretary of 
State and the other, after being recorded in the office of the Recorder 
of the county in which such city is situated, shall be deposited in the 
archives of the city, and thereafter all Courts shall take judicial notice 
of said charter. 

The charter, so ratified, may be amended by proposals therefor sub¬ 
mitted by the Council, or other legislative body of the city, to the qualified 
electors thereof at a general or special municipal election held at in¬ 
tervals of not less than two years (except that charter amendments 
may be submitted at a general municipal election at an interval of less 
than two years after the last election on charter amendments provided 
that no other election on charter amendments has been held since the 
beginning of the last regular session of the State Legislature or shall 
be held prior to the next regular session of the State Legislature), and 
held not less than twenty days, nor more than forty days, after the com¬ 
pletion of the publication of such proposals for ten times in a daily 
newspaper of general circulation, printed, published and circulated in 
said city, or for three times in at least one weekly newspaper of gen¬ 
eral circulation, printed, published and circulated in said city, if there 
be no such daily newspaper. If a majority of such qualified electors 
voting thereon at such general or special election shall vote in favor of 
any such proposed amendment or amendments, or any amendment or 
amendments proposed by petition, as hereinafter provided, such amend¬ 
ment or amendments shall be deemed to be ratified, and shall be forth¬ 
with submitted to the Legislature, if it be in regular session, otherwise 
at its next legular session, or may be submitted to the Legislature in 
extraordinary session, for approval or rejection as a whole, without power 
of alteration or amendment, and if approved by the Legislature, as herein 
provided for the approval of the charter, such charter shall be amended 
accordingly. A copy of such amendment or amendments shall, after the 
approval thereof by the Legislature, be made in duplicate, and shall be 
authenticated, certified, recorded and filed as herein provided for the 
charter, and with like force and effect. Whenever a petition signed by 
fifteen per centum of the qualified electors of the city, computed upon 
the total number of votes cast therein for all candidates for Governor 
at the last preceding general election at which a Governor was elected, 
is filed in the office of the City Clerk of said city, petitioning the Council, 
or other legislative body thereof, to submit any proposed amendment or 
amendments to the charter of such city, which amendment or amendments 
shall be set forth in full in such petition, to the qualified electors thereof, 
such petition shall forthwith be examined and certified by the City Clerk, 


Special 
election, 
when held. 


Amendments 
to charter. 


Election for. 


Petitions. 


56 


CALIFORNIA ELECTION LAWS. 


Duty of 
clerk. 


When voted 
upon 

separately. 


Establishing 

voting 

precincts. 


Borough 
system of 
government, 
when com¬ 
petent to 
establish. 


and if signed by the requisite number of qualified electors of said city, 
it shall be presented to the said Council, or other legislative body, by the 
said City Clerk, as hereinbefore provided for petitions for the election 
of boards of freeholders. Upon the presentation of said petition to said 
Council, or other legislative body, said Council, or other legislative body, 
must submit the amendment or amendments set forth in said petition 
to the qualified electors of said city, at a general or special municipal 
election, held not less than twenty, nor more than forty, days after the 
completion of the publication of such proposed amendment or amend¬ 
ments, in the same manner as hereinbefore provided in the case of the 
submission of any proposed amendment or amendments to such charter, 
proposed and submitted by the Council, or other legislative body. The 
first publication of any proposed amendment or amendments to such 
charter so proposed by petition shall be made within fifteen days after 
the aforesaid presentation of said petition to said Council, or other legis¬ 
lative body. In submitting any such charter, amendment or amend¬ 
ments thereto, any alternative article or proposition may be presented 
for the choice of the electors, and may be voted on separately -without 
prejudice to others. 

Every special election held in any city under the provisions of this 
section, for the election of a board of freeholders, or for the submission 
of any proposed charter or any amendment or amendments thereto, shall 
be called by the Council, or other legislative body thereof, by ordinance, 
which shall specify the purpose and time of such election, and shall estab¬ 
lish the election precincts and designate the polling places therein, and 
the names of the election officers for each such precinct. Such ordinance 
shall, prior to such election, be published five times in a daily newspaper, 
or twice in a weekly newspaper, if there be no such daily newspaper 
printed, published and circulated in said city. Such election shall be 
held and conducted, the returns thereof canvassed, and the result thereof 
declared by the Council, or other legislative body of such city, in the 
manner that is now or may be hereafter provided by general law for such 
elections in the particulars wherein such provision is now or may here¬ 
after be made therefor, and in all other respects in the manner provided 
by law for general municipal elections, in so far as the same may be ap¬ 
plicable thereto. 

Whenever any board of freeholders shall be elected, or any such pro¬ 
posed charter or amendment or amendments thereto shall be submitted 
at a general municipal election, the laws governing the election of city 
officers, or the submission of propositions to the vote of electors, shall 
be followed in so far as the same may be applicable thereto and not in¬ 
consistent herewith. 

It shall be competent in any charter framed by any city under the 
authority given in this section, or by amendment to such charter, to pro¬ 
vide, in addition to those provisions allowed by this Constitution and by 
the laws of the State, for the establishment of a borough system of gov¬ 
ernment for the whole or any part of the territory of such city, by which 
one or more districts may be created therein, which districts shall be 
known as boroughs, and which shall exercise such special municipal 
powers as may be granted by such charter, and for the organization, 
regulation, government and jurisdiction of such boroughs. 

All the provisions of this section relating to the City Clerk shall, in 
any city and county, be deemed to relate to the Clerk of the legislative 
body thereof. (Amendment adopted October 10, 1911.) 

Sec. 8a. City and County of San Francisco. The charter of the City 
and County of San Francisco may be amended in addition to the method 
and the times provided in section 8 of article XI of the Constitution, in 
the following particulars: 

(a) Authorizing the City and County of San Francisco, a municipal 
corporation, by its legislative authority, to incur a bonded indebtedness 
in an amount not exceeding five million dollars, and to issue municipal 
bonds therefor, and to grant and turn over to the Panama-Pacific Inter- 


CONSTITUTION OF STATE. 


57 

national Exposition Company (a corporation organized under the laws of 
of California March 22, 1910) the proceeds of said bonds, the 
same to be used and disbursed by said exposition company for the pur¬ 
poses of an exposition to be held in the City and County of San Francisco 
to celebrate the completion of the Panama canal; said bonds, so issued, 
to be of such torm and to be redeemable, registered and converted in 
such manner and amounts, and at such times not later than forty years 
fiom the date of their issue, as such legislative authority shall determine; 
the interest on said bonds to not exceed five per centum per annum, and 
said bonds to be exempt from all taxes for State and municipal purposes, 
and to be sold for not less than par at such times and places, and in such 
manner, as shall be determine^ by said legislative authority; the pro¬ 
ceeds of said bonds, when sold, to be payable immediately by the treas¬ 
urer of said city and county to the treasurer of said Panama-Pacific 
International Exposition Company, upon the demand of said treasurer 
of said exposition company, without the necessity of the approval of such 
demand by other authority, the same to be used and disbursed by said 
Panama-Pacific International Exposition Company for the purposes of 
such exposition, under the direction and conti ol of such exposition com¬ 
pany ; 

(b) Providing that any bonded indebtedness incurred for the purposes 
aforesaid shall be exclusive of the bonded indebtedness of the said city 
and county limited by section 9 of article XII of said charter; 

(c) Granting to said Panama-Pacific International Exposition Com¬ 
pany the exclusive possession and use, together with the management 
and control, of that portion of Golden Gate Park in the City and County 
of San Francisco westerly from Twentieth avenue, as extended, for such 
exposition purposes, such possession and use, also management and con¬ 
trol, to terminate not later than one year after the closing of such expo¬ 
sition ; 

(d) Granting to said Panama-Pacific International Exposition Com¬ 
pany the exclusive possession and use, together with the management 
and control, for such exposition purposes, of any lands held by the Board 
of Education of the City and County of San Francisco, and by the City 
and County of San Francisco, not in actual use, such possession and use, 
also management and control, to terminate not later than one year after 
the closing of such exposition. 

(e) Authorizing said Panama-Pacific International Exposition Com¬ 
pany to temporarily close streets in the City and County of San Francisco 
westerly from Twentieth avenue, for such exposition purposes, and to 
have the exclusive possession and use, together with the management 
and control, of said streets for such exposition purposes, such possession 
and use, also management and control of said streets, to terminate not 
later than one year after the closing of such exposition. 

Proposals to amend the charter of the City and County of San Fran¬ 
cisco in the foregoing particulars may be submitted by the legislative 
authority of said city and county to the electors of said city and county, 
at any general or special election (and a special election may be called 
therefor) held in said city and county, after the publication of such pro¬ 
posals in a newspaper of general circulation in said city and county, for 
such time as shall be determined by said legislative authority. Upon 
the ratification of any such proposed amendment by a majority of the 
electors of said city and county voting at such election on such proposed 
amendment, said proposed amendment receiving such majority vote shall 
become operative immediately as an amendment to said charter, with¬ 
out the necessity of approval thereof by the Legislature. 

Any act of the legislative authority of the City and County of San 
Francisco, in submitting to the electors of said city and county, at any 
general or special election, proposals to amend the charter of said city 
and county in the foregoing particulars, including any notice by publica¬ 
tion or otherwise of such proposals, and of such election, and the holding 
of such election, in accordance with the provisions hereof, before the 


Amendments 
to charter. 


58 


CALIFORNIA ELECTION LAWS. 


When city 
and county 
government 
are merged. 


Election of 
officers. 


adoption of this amendment, are hereby validated in all respects as if 
performed subsequent to the adoption of this amendment. The disburse¬ 
ment of all funds obtained from said bonds shall be accounted for by said 
Panama-Pacific International Exposition Company by an itemized state¬ 
ment thereof to be filed with the Auditor of the City and County of San 
Francisco. (New section; adopted November 8, 1910.) 

Sec. 8y 2 . Charters of cities and counties (new amendment). It shall 

be competent, in all charters framed under the authority given by section 
eight of article eleven of this Constitution, to provide, in addition to those 
provisions allowable by this Constitution and by the laws of the State, 
as follows: 

1. For the constitution, regulation, government, and jurisdiction of 
Police Courts, and for the manner in which, the times at which, and the 
terms for which the judges of such courts shall be elected or appointed, 
and for the qualifications and compensation of said judges and of their 
clerks and attaches. 

2. For the manner in which, the times at which, and the terms for 
which the members of Boards of Education shall be elected or appointed, 
for their qualifications, compensation and removal, and for the number 
which shall constitute any one of such boards. 

3. For the manner in which, the times at which, and the terms for 
which the members of the Boards of Police Commissioners shall be 
elected or appointed; and for the constitution, regulation, compensation, 
and government of such boards and of the municipal police force. 

4. For the manner in which and the times at which any municipal 
election shall be held and the result thereof determined; for the manner 
in which, the times at which, and the terms for which the members of 
all Boards of Election shall be elected or appointed, and for the con¬ 
stitution, regulation, compensation and government of such boards, and 
of their clerks and attaches; and for all expenses incident to the hold 
ing of any election. 

Where a city and county government has been merged and consolidated 
into one municipal government, it shall also be competent, in any char¬ 
ter framed under said section eight of said article eleven, or by amend¬ 
ment thereto, to provide for the manner in which, the times at which 
and the terms for which the several county and municipal officers and 
employes whose compensation is paid by such city and county, except¬ 
ing Judges of the Superior Court, shall be elected or appointed, and for 
their recall and removal, and for their compensation, and for the num¬ 
ber of deputies, clerks and other employes that each shall have, and for 
the compensation, method of appointment, qualifications, tenure of office 
and removal of such deputies, clerks and other employes. All provisions 
of any charter of any such consolidated city and county heretofore 
adopted, and amendments thereto, which are in accordance herewith, are 
• hereby confirmed and declared valid. (Amendment adopted October 10, 
1911.) 

Sec. 9. The compensation of any county, city, town, or municipal 
officer shall not be increased after his election or during his term of 
office; nor shall the term of any such officer be extended beyond the 
period for which he is elected or appointed. 

Sec. 14. The Legislature may by general and uniform laws provide 
for the inspection, measurement and graduation of merchandise, man¬ 
ufactured articles and commodities, and may provide for the appoint¬ 
ment of such officers as may be necessary for such inspection, measure¬ 
ment and graduation. (Amendment adopted October 10, 1911.) 

Sec. 18. Annual debt, annual income, Counties, Cities, Towns, etc. 

No county, city, town, township, Board of Education, or school districts, 
shall incur any indebtedness or liability in any manner or for any pur¬ 
pose exceeding in any year the income and revenue provided for such 
year, without the assent of two thirds of the qualified electors thereof, 
voting at an election to be held for that purpose, nor unless before or 


CONSTITUTION OF STATE. 


59 


at the time of incurring such indebtedness provision shall be made for 
the collection of an annual tax sufficient to pay the interest on such in¬ 
debtedness as it falls due, and also provision to constitute a sinking fund 
for the payment of the principal thereof on or before maturity, which 
shall not exceed forty years from the time of contracting the same; pro¬ 
vided, however, that the City and County of San Francisco may at any 
time pay the unpaid claims, with interest thereon at the rate of five 
per cent per annum, for materials furnished to and work done for said 
city and county during the forty-first, forty-second, forty-third, forty- 
fourth, and fiftieth fiscal years, and for unpaid teachers’ salaries for the 
fiftieth fiscal year, out of the income and revenue of any succeeding 
year or years, the amount to be paid in full of said claims not to exceed 
in the aggregate the sum of five hundred thousand dollars, and that no 
statute of limitations shall apply in any manner to these claims; and 
provided, further, that the city of Vallejo, of Solano County, may pay its 
existing indebtedness incurred in the construction of its waterworks 
whenever two thirds of the electors thereof voting at an election held for 
that purpose shall so decide, and that no statute of limitations shall apply 
in any manner. Any indebtedness or liability incurred contrary to this 
provision, with the exceptions hereinbefore recited, shall be void. (Amend¬ 
ment adopted November 6, 1900.) 

Section 18 amended by adding the following, adopted November 6, 1906: 

The City and County of San Francisco, the City of San Jose and the 
Town of Santa Clara may make provision for a sinking fund, to pay the 
principal of any indebtedness incurred, or to be hereafter incurred, by 
it, to commence at a time after the incurring of such indebtedness of 
not more than a period of one fourth of the time of maturity of such in¬ 
debtedness, which shall not exceed seventy-five years from the time of 
contracting the same. Any indebtedness incurred contrary to any pro¬ 
vision of this section shall be void. 

Sec. 19. Municipalities acquiring Public Works, etc. Any municipal 
corporation may establish and operate public works for supplying its in¬ 
habitants with light, water, power, heat, transportation, telephone service 
or other means of communication. Such works may be acquired by 
original construction or by the purchase of existing works, including 
their franchises, or both. Persons or corporations may establish and 
operate works for supplying the inhabitants with such services upon such 
conditions and under such regulations as the municipality may prescribe 
under its organic law, on condition that the municipal government shall 
have the right to regulate the charges thereof. A municipal corporation 
may furnish such services to inhabitants outside its boundaries; provided, 
that, it shall not furnish any service to the inhabitants of any other 
municipality owning or operating works supplying the same service to 
such inhabitants, without the consent of such other municipality, ex¬ 
pressed by ordinance. (Amendment adopted October 10, 1911.) 

ARTICLE XII. 

CORPORATIONS. 

Sec. 19. Public officers not to receive passes. No railroad or other 
transportation company shall grant free passes, or passes or tickets at 
a discount, to any person holding any office of honor, trust, or profit in 
this State; and the acceptance of any such pass or ticket by a member 
of the Legislature, or any public officer, other than Railroad Commis¬ 
sioner, shall work a forfeiture of his office. 

Sec. 22. Railroad commissioners, number of, election of, term of office, 
etc. There is hereby created a Railroad Commission which shall con¬ 
sist of five members and which shall be known as the Railroad Commis¬ 
sion of the State of California. The commission shall be appointed by 
the Governor from the State at large; provided, that the Legislature, in 
its discretion, may divide the State into districts for the purpose of such 
appointments, said districts to be as nearly equal in population as prac- 


60 


CALIFORNIA ELECTION LAWS. 


ticable; and provided, further, that the three commissioners in office at 
the time this section takes effect shall serve out the term for which 
they were elected, and that two additional commissioners shall be ap¬ 
pointed by the Governor immediately after the adoption of this section, 
to hold office during the same term. Upon the expiration of said term, 
the term of office of each commissioner thereafter shall be six years, 
except the commissioners first appointed hereunder after such expira¬ 
tion, one of whom shall be appointed to hold office until January 1, 1917, 
two until January 1, 1919, and two until January 1, 1921. Whenever a 
vacancy in the office of commissioner shall occur, the Governor shall 
forthwith appoint a qualified person to fill the same for the unexpired 
term. Commissioners appointed for regular terms shall at the beginning 
of the term for which they are appointed, and those appointed to fill 
vacancies, shall, immediately upon their appointment, enter upon the 
duties of their offices. The Legislature shall fix the salaries of the 
.commissioners, but pending such action the salaries of the commissioners, 
their officers and employes shall remain as now fixed by law. The 
Legislature shall have the power, by a two-thirds vote of all members 
elected to each house, to remove any one or more of said commissioners 
from office for dereliction of duty or corruption or incompetency. All 
of said commissioners shall be qualified electors of this State, and no 
person in the employ of or holding any official relation to any person, 
firm or corporation, which said person, firm or corporation is subject to 
regulation by said Railioad Commission and no person owning stock or 
bonds of any such corporation or who is in any manner pecuniarily in¬ 
terested therein, shall be appointed to or hold the office of Railroad Com¬ 
missioner. No vacancy in the commission shall impair the right of the 
remaining commissioners to exercise all the powers of the commission. 
The act of a majority of the commissioners when in session as a board 
shall be deemed to be the act of the commission; but any investigation, 
inquiry or hearing which the commission has power to undertake or to 
hold may be undertaken or held by or before any commissioner designated 
for the purpose by the commission, and every order made by a com¬ 
missioner so designated, pursuant to such inquiry, investigation or hear¬ 
ing, when approved or confirmed by the commission ordered filed in its 
office, shall be deemed to be the order of the commission. 

Said commission shall have the power to establish rates of charges for 
the transportation of passengers and freight by railroads and other 
transportation companies, and no railroad or other transportation com¬ 
pany shall charge or demand or collect or receive a greater or less or 
different compensation for such transportation of passengers or freight, 
or for any service in connection therewith, between the points named in 
any tariff of rates, established by said commission, than the rates, fares 
and charges which are specified in such tariff. The commission shall 
have the further power to examine books, records and papers of all rail¬ 
road and other transportation companies; to hear and determine com¬ 
plaints against railroad and other transportation companies; to issue 
subpoenas and all necessary process and send for persons and papers; and 
the commission and each of the commissioners shall have the power to 
administer oaths, take testimony and punish for contempt in the same 
manner, and to the same extent as courts of record; the commission may 
prescribe a uniform system of accounts to be kept by all railroad and 
other transportation companies. 

No provision of this Constitution shall be construed as a limitation upon 
the authority of the Legislature to confer upon the Railroad Commission 
additional powers of the same kind or different from those conferred 
herein which are not inconsistent with the powers conferred upon the 
Railroad Commission in this Constitution, and the authority of the Legis¬ 
lature to confer such additional powers is expressly declared to be plenary 
and unlimited by any provision of this Constitution. 

The provisions of this section shall not be construed to repeal in whole 
or in part any existing law not inconsistent herewith, and the “Railroad 


CONSTITUTION OF STATE. 


61 


Commission Act” of this State approved February 10, 1911, shall be con¬ 
strued with reference to this constitutional provision and any other con¬ 
stitutional provision becoming operative concurrently herewith. And 
the said act shall have the same force and effect as if the same had been 
passed after the adoption of this provision of the Constitution and of all 
other provisions adopted concurrently herewith, except that the three 
commissioners referred to in said act shall be held and construed to be 
the five commissioners provided for herein. (Amendment adopted Octo¬ 
ber 10, 1911.) 

Sec. 23. Public Utilities. Every private corporation, and every in¬ 
dividual or association of individuals, owning, operating, managing, or 
controlling any commercial railroad, interurban railroad, street railroad, 
canal, pipe line, plant, or equipment, or any part of such railroad, canal, 
pipe line, plant or equipment within this State, for the transportation 
or conveyance of passengers, or express matter, or freight of any kind, 
including crude oil, or for the transmission of telephone or telegraph 
messages, or for the production, generation, transmission, delivery or 
furnishing of heat, light, water or power, or for the furnishing of storage 
or wharfage facilities, either directly or indirectly, to or for the public, 
and every common carrier, is hereby declared to be a public utility 
subject to such control and regulation by the Railroad Commission as 
may be provided by the Legislature, and every class of private corpora¬ 
tions, individuals, or associations of individuals hereafter declared by the 
Legislature to be public utilities shall likewise be subject to such con¬ 
trol and regulation. The Railroad Commission shall have and exercise 
such power and jurisdiction to supervise and regulate public utilities, in 
the State of California, and to fix the rates to be charged for commodities 
furnished, or services rendered by public utilities as shall be conferred 
upon it by the Legislature, and the right of the Legislature to confer 
powers upon the Railroad Commission respecting public utilities is hereby 
declared to be plenary and to be unlimited by any provision of this Con¬ 
stitution. 

From and after the passage by the Legislature of laws conferring 
powers upon the Railroad Commission respecting public utilities, all 
powers respecting such public utilities vested in Boards of Supervisors, 
or municipal councils, or other governing bodies of the several counties, 
cities and counties, cities and towns, in this State, or in any commission 
created by law and existing at the time of the passage of such laws, shall 
cease so far as such powers shall conflict with the powers so conferred 
upon the Railroad Commission; provided, however, that this section shall 
not affect such powers of control over any public utility vested in any 
city and county, or incorporated city or town as, at an election to be held 
pursuant to laws to be passed hereafter by the Legislature, a majority 
of the qualified electors voting thereon of such city and county, or in¬ 
corporated city or town, shall vote to retain, and until such election such 
powers shall continue unimpaired; but if the vote so taken shall not favor 
the continuation of such powers they shall thereafter vest in the Rail¬ 
road Commission as provided by law; and provided, further, that where 
any such city and county or incorporated city or town shall have elected 
to continue any powers respecting public utilities, it may, by vote of a 
majority of its qualified electors voting thereon, thereafter surrender 
such powers to the Railroad Commission in the manner to be prescribed 
by the Legislature; or if such municipal corporation shall have sur¬ 
rendered any powers to the Railroad Commission, it may, by like vote, 
thereafter reinvest itself with such power. Nothing in this section shall 
be construed as a limitation upon any power conferred upon the Rail¬ 
road Commission by any provision of this Constitution now existing or 
adopted concurrently herewith. (Amendment adopted October 10, 1911.) 


Election. 


62 


CALIFORNIA ELECTION LAWS. 


Election. 


Election 


ARTICLE XIII. 

REVENUE AND TAXATION. 

Sec. 9. Members of State Board of Equalization. A State Board of 
Equalization, consisting of one member from each congressional district 
in this state, as the same existed in eighteen hundred and seventy-nine, 
shall be elected by the qualified electors of their respective districts, at 
the general election to be held in the year one thousand eight hundred 
and eighty-six, and at each gubernatorial election thereafter, whose 
term of office shall be for four years; whose duty it shall be to equalize 
the valuation of the taxable property in the several counties of the 
State for the purposes of taxation. The Controller of State shall be 
ex officio a member of the board. The Boards of Supervisors of the 
several counties of the State shall constitute Boards of Equalization 
for their respective Counties, whose duty it shall be to equalize the 
valuation of the taxable property in the county for the purpose of 
taxation; provided, such State and County Boards of Equalization are 
hereby authorized and empowered, under such rules of notice as the 
County Boards may prescribe as to county assessments, and under 
such rules of notice as the State Board may prescribe as to the action 
of the State Board, to increase or lower the entire assessment roll, 
or any assessment contained therein, so as to equalize the assessment 
of the property contained in said assessment roll, and make the assess¬ 
ment conform to the true value in money of the property contained 
in said roll; provided, that no Board of Equalization shall raise any mort¬ 
gage, deed of trust, contract or other obligation by which a debt is 
secured, money, or solvent credits, above its face value. The present 
State Board of Equalization shall continue in office until their successors, 
as herein provided for, shall be elected and shall qualify. The Legislature 
shall have power to redistrict the State into four districts, as nearly equal 
in population as practical, and to provide for the elections of members 
of said Board of Equalization. (Amendment adopted November 4, 1884.) 

ARTICLE XVI. 

STATE INDEBTEDNESS. 

Section 1. Liability exceeding $300,000, how created. The Legislature 
shall not, in any manner, create any debt or debts, liability or liabilities, 
which shall, singly or in the aggregate with any previous debts or lia¬ 
bilities, exceed the sum of three hundred thousand dollars, except in case 
of war to repel invasion or suppress insurrection, unless the same shall 
be authorized by law for some single object or work to be distinctly 
specified therein, which law shall provide ways and means, exclusive of 
loans, for the payment of the interest of such debt or liability as it falls 
due, and also to pay and discharge the principal of such debt or liability 
within seventy-five years of the time of the contracting thereof, and shall 
be irrepealable until the principal and interest thereon shall be paid and 
discharged and such law may make provision for a sinking fund to pay 
the principal of such debt or liability to commence at a time after the 
incurring of such debt or liability of not more than a period of one fourth 
of the time of maturity of such debt or liability; but no such law shall 
take effect until, at a general election, it shall have been submitted to the 
people and shall have received a majority of all the votes cast for and 
against it at such election; and all moneys raised by authority of such 
law shall be applied only to the specific object therein stated or to the 
payment of the debt thereby created, and such law shall be published 
in at least one newspaper in each county, or city and county, if one be 
published therein, throughout the State, for three months next preceding 
the election at which it is submitted to the people. The Legislature may, 
at any time after the approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the same. (Amend¬ 
ment adopted November 3, 1908.) 


CONSTITUTION OF STATE. 


63 


ARTICLE XVIII. 

AMENDING AND REVISING THE CONSTITUTION. 

Section 1. Amendments to Constitution, how made. Any amendment 
or amendments to this Constitution may be proposed in the Senate or 
Assembly, and if two thirds of all the members elected to each of the 
two houses shall vote in favor thereof, such proposed amendment or 
amendments shall be entered in their journals, with the yeas and nays 
taken thereon; and it shall be the duty of the Legislature to submit such 
proposed amendment or amendments to the people in such manner, and 
at such time, and after such publication as may be deemed expedient. 
Should more amendments than one be submitted at the same election, 
they shall be so prepared and distinguished, by numbers or otherwise, 
that each can be voted on separately. If the people shall approve and 
ratify such amendment or amendments, or any of them, by a majority 
of the qualified electors voting thereon, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2. Whenever two-thirds of the members elected to each branch 
of the Legislature shall. deem it necessary to revise this Constitution, 
they shall recommend to the electors to vote, at the next general election, 
for or against a convention for that purpose, and if a majority of the 
electors voting at such election on the proposition for a convention shall 
vote in favor thereof, the Legislature shall, at its next session, provide 
by law for calling the same. The convention shall consist of a number 
of delegates not to exceed that of both branches of the Legislature, who 
shall be chosen in the same manner, and have the same qualifications, as 
members of the Legislature. The delegates so elected shall meet within 
three months after their election, at such place as the Legislature may 
direct. At a special election to be provided for by law, the Constitution 
that may be agreed upon by such convention shall be submitted to the 
people for their ratification or rejection, in such manner as the con¬ 
vention may determine. The returns of such election shall, in such man¬ 
ner as the convention shall direct, be certified to the Executive of the 
State, who shall call to his assistance the Controller, Treasurer, and Sec¬ 
retary of State, and compare the returns so certified to him; and it shall 
be the duty of the Executive to declare, by his proclamation, such Con¬ 
stitution as may have been ratified by a majority of all the votes cast 
at such special election, to be the constitution of the State of California. 

ARTICLE XX. 

MISCELLANEOUS SUBJECTS. 

Section 1. Capital of State, how changed. The City of Sacramento is 
hereby declared to be the seat of government of this State, and shall so 
remain until changed by law; but no law changing the seat of government 
shall be valid or binding unless the same be approved and ratified by a 
majority of the qualified electors of the State voting therefor at a gen¬ 
eral State election, under such regulations and provisions as the Legis¬ 
lature, by a two-thirds vote of each house, may provide, submitting the 
question of change to the people. 

Sec. 2. Disqualifications for duelling. Any citizen of this State who 
shall, after the adoption of this Constitution, fight a duel with deadly 
weapons, or send or accept a challenge to fight a duel with deadly weapons 
either within this State or out of it, or who shall act as second, or know¬ 
ingly aid or assist in any manner those thus offending, shall not be al¬ 
lowed to hold any office of profit, or to enjoy the right of suffrage under 
this Constitution. 

Sec. 3. Oath of office. Members of the Legislature, and all officers, 
executive and judicial, except such inferior officers as may be by law 
exempted, shall, before they enter upon the duties of their respective 
offices, take and subscribe the following oath or affirmation: 


Election for. 


Revising. 


Election for. 


(34 


CALIFORNIA ELECTION LAWS. 


“I do solemnly swear (or affirm, as the case may be) that I will sup¬ 
port the Constitution of the United States and the Constitution of the 
State of California, and that I will faithfully discharge the duties of the 
office of-according to the best of my ability.” 

And no other oath, declaration, or test shall be required as a qualifica¬ 
tion for any office or public trust. 

Sec. 4. Election of officers, or commissioners. All officers or commis¬ 
sioners whose election or appointment is not provided for by this Con¬ 
stitution, and all officers or commissioners whose offices or duties may 
hereafter be created by law, shall be elected by the people, or appointed, 
as the Legislature may direct. 

Sec. 10. Bribery disqualifies. Every person shall be disqualified from 
holding any office of profit- in this State who shall have been convicted 
of having given or offered a bribe to procure his election or appointment. 

Sec. 11. Purity in office holding, elections, etc. Laws shall be made 

to exclude from office, serving on juries, and from the right of suffrage, 
persons convicted of bribery, perjury, forgery, malfeasance in office, or 
other high crimes. The privilege of free suffrage shall be supported by 
laws regulating elections, and prohibiting, under adequate penalties, all 
undue influence thereon from power, bribery, tiimult, or other improper 
practice. 

Sec. 12. Residence. Absence from this State, on business of the State 
or of the United States, shall not affect the question of residence of any 
person. 

Sec. 13. Election by plurality of vote. A plurality of the votes given at 
any election shall constitute a choice where not otherwise directed in 
this Constitution; provided, that it shall be competent in all charters 
of cities, counties or cities and counties framed under the authority of 
this Constitution to provide the manner in which their respective elective 
officers may be elected and to prescribe a higher proportion of the vote 
therefor; and provided, also, that it shall be competent for the Legis¬ 
lature by general law to provide the manner in which officers of munici¬ 
palities organized or incorporated under general laws may be elected 
and to prescribe a higher proportion of the vote therefor. (Amendment 
adopted October 10, 1911.) 

Sec. 16. Term of office, when not fixed by the Constitution. When the 
term of any officer or commissioner is not provided for in this Constitu¬ 
tion, the term of such officer or commissioner may be declared by law; 
and if not so declared, such officer or commissioner shall hold his position 
as such officer or commissioner during the pleasure of the authority mak¬ 
ing the appointment; but in no case shall such term exceed four years; 
provided, however, that in the case of any officer or employe of any 
municipality governed under a legally adopted charter, the provisions of 
such charter with reference to the tenure of office or the dismissal 
from office of any such officer or employe shall control; and provided, 
further, that the term of office of any person heretofore or hereafter ap¬ 
pointed to hold office or employment during good behavior under civil 
service laws of the State or of any political division thereof shall not be 
limited by this section. (Amendment adopted October 10, 1911.) 

Sec. 20. Elections when held, term of office. Elections of the officers 
provided for by this Constitution, except at the election in the year 
eighteen hundred and seventy-nine, shall be held on the even-numbered 
years next before the expiration of their respective terms. The terms of 
such officers shall commence on the first Monday after the first day of 
January next following their election. 

ARTICLE XXII. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amendments 
in the Constitution of this State, and to carry the same into complete 
effect, it is hereby ordained and declared: 



CONSTITUTION OF STATE. 


65 


Section 1. Laws to remain in force. That all laws in force at the 
adoption of this Constitution, not inconsistent therewith, shall remain 
in full force and effect until altered or repealed by the Legislature; and 
all rights, actions, prosecutions, claims, and contracts of the State, coun¬ 
ties, individuals, or bodies corporate, not inconsistent therewith, shall 
continue to be as valid as if this Constitution had not been adopted. The 
provisions of all laws which are inconsistent with this Constitution shall 
cease upon the adoption thereof, except that all laws which are incon¬ 
sistent with such provisions of this Constitution as require legislation 
to enforce them shall remain in full force until the first day of July, 
eighteen hundred and eighty, unless sooner altered or repealed by the 
Legislature. 

Sec. 2. That all recognizances, obligations, and all other instruments 
entered into or executed before the adoption of this Constitution, to this 
State, or to any subdivision thereof, or any municipality therein, and all 
fines, taxes, penalties, and forfeitures due or owing to this State, or any 
subdivision or municipality thereof, and all writs, prosecutions, actions, 
and causes of action, except as herein otherwise provided, shall continue 
and remain unaffected by the adoption of this Constitution. All indict¬ 
ments or informations which shall have been found, or may hereafter be 
found, for any crime or offense committed before this Constitution takes 
effect, may be proceeded upon as if no change had taken place, except as 
otherwise provided in this Constitution. 

Sec. 3. All courts now existing, save Justices’ and Police Courts, are 
hereby abolished; and all records, books, papers, and proceedings from 
such courts, as are abolished by this Constitution, shall be transferred, 
on the first day of January, eighteen hundred and eighty, to the courts 
provided for in this Constitution; and the courts to which the same are 
thus transferred shall have the same power and jurisdiction over them as 
if they had been in the first instance commenced, filed or lodged therein. 

Sec. 4. The Superintendent of Printing of the State of California shall, 
at least thirty days before the first Wednesday in May, A. D. eighteen 
hundred and seventy-nine, cause to be printed at the State Printing 
Office, in pamphlet form, simply stitched, as many copies of this Con¬ 
stitution as there are registered voters in this State, and mail one copy 
thereof to the post office address of each registered voter; provided, any 
copies not called for ten days after reaching their delivery office, shall 
be subject to general distribution by the several postmasters of the State. 
The Governor shall issue his proclamation, giving notice of the election 
for the adoption or rejection of this Constitution, at least thirty days 
before the said first Wednesday of May, eighteen hundred and seventy- 
nine, and the Boards o'f Supervisors of the several counties shall cause 
said proclamation to be made public in their respective counties, and 
general notice of said election to be given at least fifteen days next before 
said election. 

Sec. 5. Election for new Constitution. The Superintendent of Printing 
of the State of California shall, at least twenty days before said election, 
cause to be printed and delivered to the Clerk of each county in this 
State five times the number of properly prepared ballots for said election 
that there are voters in said respective counties, with the words printed 
thereon: “For the New Constitution.’’ He shall likewise cause to be 
so printed and delivered to said Clerks five times the number of properly 
prepared ballots for said election that there are voters in said respective 
counties with the words printed thereon: “Against the New Constitu¬ 
tion.” The Secretary of State is hereby authorized and required to fur¬ 
nish the Superintendent of State Printing a sufficient quantity of legal 
ballot paper, now on hand, to carry out the provisions of this section. 

Sec. 6. Duty of County Clerks. The Clerks of the several counties in 
the State shall, at least five days before said election, cause to be deliv¬ 
ered to the inspectors of election, at each election precinct or polling 
place in their respective counties, suitable registers, poll books, forms of 
return, and an equal number of the aforesaid ballots, which number, in 


66 


CALIFORNIA ELECTION LAWS. 


the aggregate, must be ten times greater than the number of voters in 
the said election precincts or polling places. The returns of the number 
of votes cast at the presidential election in the year eighteen hundred and 
seventy-six shall serve as a basis of calculation for mis and the preced¬ 
ing section; provided, that the duties in this and the preceding section 
imposed upon the Clerks of the respective counties shall, in the City and 
County of San Francisco, be performed by the Registrar of Voters for 
said city and county. 

Sec. 7. Every citizen of the United States, entitled by law to vote for 
members of the Assembly in this State, shall be entitled to vote for the 
adoption or rejection of this Constitution. 

Sec. 8. Duty of canvassing officers. The officers of the several coun¬ 
ties of this State, whose duty it is, under the law, to receive and canvass 
the returns from the several precincts of their respective counties, as 
well as of the City and County of San Francisco, shall meet at the usual 
places of meeting for such purposes on the first Monday after said elec¬ 
tion. If, at the time of meeting, the returns from each precinct in the 
county in which the polls were opened have been received, the board 
must then and there proceed to canvass the returns; but if all the re¬ 
turns have not been received, the canvass must be postponed from time 
to time until all the returns are received, or until the second Monday 
after said election, when they shall proceed to make out returns of the 
votes cast for and against the new Constitution; and the proceedings of 
said board shall be the same as those prescribed for like boards in the 
case of an election for Governor. Upon the completion of said canvass 
and returns, the said boards shall immediately certify the same, in the 
usual form, to the Governor of the State of California. 

Sec. 9. Duty of Governor. The Governor of the State of California 
shall, as soon as the returns of said election shall be received by him, 
or within thirty days after said election, in the presence and with the 
assistance of the Controller, Treasurer, and Secretary of State, open 
and compute all the returns received of votes cast for and against the 
new Constitution. If, by such examination and computation, it is ascer¬ 
tained that a majority of the whole number of votes cast at such election 
is in favor of such new Constitution, the Executive of this State shall, by 
his proclamation, declare such new Constitution to be the Constitution 
of the State of California, and that it shall take effect and be in force 
on the days hereinafter specified. 

Sec. 10. Providing for future elections. In order that future elections 
in this State shall conform to the requirements of this Constitution, the 
terms of all officers elected at the first election under the same shall be, 
respectively, one year shorter than the terms as fixed by law or by this 
Constitution; and the successors of all such officers shall be elected at 
the last election before the expiration of the terms as in this section pro¬ 
vided. The first officers chosen after the expiration of this Constitution 
shall be elected at the time and in the manner now provided by law. 
Judicial officers and the Superintendent of Public Instruction shall be 
elected at the time and in the manner that State officers are elected. 

Sec. 11. All laws relative to the present judicial system of the State 
shall be applicable to the judicial system created by this Constitution 
until changed by legislation. 

Sec. 12. When Constitution takes effect. This Constitution shall take 
effect and be in force on and after the fourth day of July, eighteen hun¬ 
dred and seventy-nine, at twelve o’clock meridian, so far as the same 
relates to the election of all officers, the commencement of their terms 
of office, and the meeting of the Legislature. In all other respects, and 
for all other purposes, this Constitution shall take effect on the first day 
of January, eighteen hundred and eighty, at twelve o’clock meridian. 


CONSTITUTION OF STATE. 


67 


ARTICLE XXIII. 

SCHEDULE. 

Section 1. Recall of elective officers (new section). Every elective 
public officer of the State of California may be removed from office at 
any time by the electors entitled to vote for a successor of such incumbent, 
through the procedure and in the manner herein provided for, which pro¬ 
cedure shall be known as the recall, and is in addition to any other 
method of removal provided by law. 

The procedure hereunder to effect the removal of an incumbent of an 
elective public office shall be as follows: A petition signed by electors 
entitled to vote for a successor of the incumbent sought to be removed, 
equal in number to at least twelve per cent of the entire vote cast at 
the last preceding election for all candidates for the office, which the in¬ 
cumbent sought to be removed occupies; (provided, that if the officer 
sought to be removed is a State officer who is elected in any political 
subdivision of the State, said petition shall be signed by electors entitled 
to vote for a successor to the incumbent sought to be removed, equal in 
number to at least twenty per cent of the entire vote cast at the last pre¬ 
ceding election for all candidates for the office which the incumbent 
sought to be removed occupies) demanding an election of a successor to 
the officer named in said petition, shall be addressed to the Secretary 
of State and filed with the Clerk, or Registrar of Voters, of the county 
or city and county in which the petition was circulated; provided, that 
if the officer sought to be removed was elected in the State at large 
such petition shall be circulated in not less than five counties of the State, 
and shall be signed in each of such counties by electors equal in number 
to not less than one per cent of the entire vote cast, in each of said 
counties, at said election, as above estimated. Such petition shall con¬ 
tain a general statement of the grounds on which the removal is sought, 
which statement is intended solely for the information of the electors, 
and the sufficiency of which shall not be open to review. 

When such petition is certified as is herein provided to the Secretary 
of State, he shall forthwith submit the said petition, together with a cer¬ 
tificate of its sufficiency, to the Governor, who shall thereupon order 
and fix a date for holding the election, not less than sixty days nor more 
than eighty days from the date of such certificate of the Secretary of 
State. 

The Governor shall make or cause to be made publication of notice 
for the holding of such election, and officers charged by law with duties 
concerning elections shall make all arrangements for such election and 
the same shall be conducted, returned, and the result thereof declared, 
in all respects as are other state elections. On the official ballot at 
such election shall be printed, in not more than two hundred words, the 
reasons set forth in the petition for demanding his recall. And in not 
more than three hundred words there shall also be printed, if desired by 
him, the officer’s justification of his course in office. Proceedings for 
the recall of any officer shall be deemed to be pending from the date of 
the filing with any County, or City and County Clerk, or Registrar of 
Voters, of any recall petition against such officer; and if such officer 
shall resign at any time subsequent to the filing thereof, the recall election 
shall be held notwithstanding such resignation, and the vacancy caused 
by such resignation, or from any other cause, shall be filled as provided 
by law, but the person appointed to fill such vacancy shall hold his office 
only until the person elected at the said recall election shall qualify. 

Any person may be nominated for the office which is to be filled at any 
recall election by a petition signed by electors, qualified to vote at such 
recall election, equal in number to at least one per cent of the total num¬ 
ber of votes cast at the last preceding election for all candidates for the 
office which the incumbent sought to be removed occupies. Each such 
nominating petition shall be filed with the Secretary of State not less 
than twenty-five days before such recall election. 


Procedure. 


Petition. 


Notice of 
election. 


Who may he 
nominated 
for the 
office to he 
filled. 


68 


CALIFORNIA ELECTION LAWS. 


Form of 
ballot. 


Petition may 
be in 
sections. 


Each 

section of 
petition 
to be filed 
with clerk, 
or registrar 
of voters. 


There shall be printed on the recall ballot, as to every officer whose 
recall is to be voted on thereat, the following question: “Shall (name of 
person against whom the recall petition is filed) be recalled from the 
office of (title of the office)?”, following which question shall be the 
words “Yes” and “No” on separate lines, with a blank space at the right 
of each, in which the voter shall indicate, by stamping a cross (X)> his 
vote for or against such recall. On such ballots, under each such ques¬ 
tion, there shall also be printed the names of those persons who have 
been nominated as candidates to succeed the person recalled, in case 
he shall be removed from office by said recall election; but no vote cast 
shall be counted for any candidate for said office unless the voter also 
voted on said question of the recall of the person sought to be recalled 
from said office. The name of the person against whom the petition is 
filed shall not appear on the ballot as a candidate for the office. If a 
majority of those voting on said question of the recall of any incumbent 
from office shall vote “No,” said incumbent shall continue in said office. 
If a majority shall vote “Yes,” said incumbent shall thereupon be deemed 
removed from such office, upon the qualification of his successor. The 
canvassers shall canvass all votes for candidates for said office and de¬ 
clare the result in like manner as in a regular election. If the vote 
at any such recall election shall recall the officer, then the candidate 
who has received the highest number of votes for the office shall be 
thereby declared elected for the remainder of the term. In case the per¬ 
son who received the highest number of votes shall fail to qualify within 
ten days after receiving the certificate of election, the office shall be 
deemed vacant and shall be filled according to law. 

Any recall petition may be presented in sections, but each section 
shall contain a full and accurate copy of the title and text of the petition. 
Each signer shall add to his signature his place of residence, giving the 
street and number, if such exist. His election precinct shall also appear 
on the paper after his name. The number of signatures appended to 
each section shall be at the pleasure of the person soliciting signatures 
to the same. Any qualified elector of the State shall be competent to 
solicit such signatures within the county, or city and county, of which 
he is an elector. Each section of the petition shall bear the name of the 
county, or city and county in which it is circulated, and only qualified 
electors of such county or city and county shall be competent to sign 
such section. Each section shall have attached thereto the affidavit of the 
person soliciting signatures to the same stating his qualifications and 
that all the signatures to the attached section were made in his presence 
and that to the best of his knowledge and belief each signature to the 
section is the genuine signature of the person whose name it purports 
to be; and no other affidavit thereto shall be required. The affidavit of 
any person soliciting signatures hereunder shall be verified free of charge 
by any officer authorized to administer an oath. Such petition so 
verified shall be prima facie evidence that the signatures thereto ap¬ 
pended are genuine and that the persons signing the same are qualified 
electors. Unless and until it is otherwise proven upon official investiga¬ 
tion, it shall be presumed that the petition presented contains the signa¬ 
tures of the requisite number of electors. Each section of the petition 
shall be filed with the Clerk, or Registrar of Voters, of the county or 
city and county in which it was circulated; but all such sections cir¬ 
culated in any county or city and county shall be filed at the same time. 
Within twenty days after the date of filing such petition, the Clerk, or 
Registrar of Voters, shall finally determine from the records of registra¬ 
tion what number of qualified electors have signed the same; and, if 
necessary, the Board of Supervisors shall allow such Clerk or Registrar 
additional assistants for the purpose of examining such petition and pro¬ 
vide for their compensation. The said Clerk or Registrar, upon the com¬ 
pletion of such examination, shall forthwith attach to such petition his 
certificate, properly dated, showing the result of such examination, and 
submit said petition, except as to the signatures appended thereto, to the 
Secretary of State and file a copy of said certificate in his office. Within 


CONSTITUTION OF STATE. 


69 


forty days from the transmission of the said petition and certificate by 
the Clerk or Registrar of Voters to the Secretary of State, a supplemental 
petition, identical with the original as to the body of the petition but 
containing supplemental names, may be filed with the Clerk or Registrar 
of Voters, as aforesaid. The Clerk or Registrar of Voters shall within 
ten days after the filing of such supplemental petition make like examina¬ 
tion thereof as of the original petition, and upon the conclusion of such 
examination shall forthwith attach to such petition his certificate, prop¬ 
erly dated, showing the result of such examination, and shall forthwith 
transmit such supplemental petition, except as to the signatures thereon, 
together with his said certificate, to the Secretary of State. 

When the Secretary of State shall have received from one or more 
County Clerks, or Registrars of Voters, a petition certified as herein 
provided to have been signed by the requisite number of qualified 
electors, he shall forthwith transmit to the County Clerk or Registrar 
of Voters of every county or city and county in the State a certificate 
showing such fact; and such Clerk or Registrar of Voters shall there¬ 
upon file said certificate for record in his office. 

A petition shall be deemed to be filed with the Secretary of State 
upmi the date of the receipt by him of a certificate or certificates 
showing the said petition to be signed by the requisite number of elec¬ 
tors of the State. 

No recall petition shall be circulated or filed against any officer 
until he has actually held his office for at least six months; save 
and except it may be filed against any member of the State Legist 
lature at any time after five days from the convening and organizing 
of the Legislature after his election. 

If at any recall election the incumbent whose removal is sought 
is not recalled, he shall be repaid from the State Treasury any amount 
legally expended by him as expenses of such election, and the Legis¬ 
lature shall provide appropriation for such purpose, and no proceed¬ 
ings for another recall election of said incumbent shall be initiated 
within six months after such election. 

If the Governor is sought to be removed under the provisions of 
this article, the duties herein imposed upon him shall be performed 
by the Lieutenant-Governor; and if the Secretary of State is sought 
to be removed, the duties herein imposed upon him shall be performed 
by the State Controller; and the duties herein imposed upon the Clerk 
or Registrar of Voters, shall be performed by such Registrar of Voters 
in all cases where the office of Registrar of Voters exists. 

The recall shall also be exercised by the electors of each county, 
city and county, city and town of the State, with reference to the 
elective officers thereof, under such procedure as shall be provided 
by law. 

Until otherwise provided by law, the legislative body of any such 
county, city and county, city or town may provide for the manner of 
exercising such recall powers in such counties, cities and counties, 
cities and town, but shall not require any such recall petition to be 
signed by electors more in number than twenty-five per cent of the 
entire vote cast at the last preceding election for all candidates for 
the office which the incumbent sought to be removed occupies. Noth¬ 
ing herein contained shall be construed as affecting or limiting the 
present or future powers of cities or counties or cities and counties 
having charters adopted under the authority given by the Constitution. 

In the submission to the electors of any petition proposed under 
this article all officers shall be guided by the general laws of the State, 
except as otherwise herein provided. 

This article is self-executing, but legislation may be enacted to facili¬ 
tate its operation, but in no way limiting or restricting the provisions 
of this article or the powers herein reserved. (New article; adopted 
October 10, 1911.) 


Clerk or 
registrar to 
file 

certificate. 


When 
petition 
can not be 
circulated. 


Legislative 

body may 

provide 

manner 

of exercising 

power of 

recall. 




{ 


























1 l • ■ 

• ; - 

• - . . I ' 

•' ■ ■ ' 













«'• 


■ • 



























. 





















•; 




























SUPPLEMENTAL INDEX TO 

POLI TICAL CODE 

(Page 71 to Page 110) 


PRELIMINARY PROVISIONS 


PERSONS COMPOSING THE PEOPLE OF THE STATE 

^ * 


POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT 
TO THE JURISDICTION OF THE STATE 


POLITICAL DIVISIONS OF THE STATE 


SENATORIAL DISTRICTS 


ASSEMBLY DISTRICTS 


CONGRESSIONAL DISTRICTS 


LEGISLATIVE OFFICERS 


TIME OF HOLDING ELECTIONS 


ELECTION PROCLAMATIONS 


MISCELLANEOUS PROVISIONS 

Page 

PRELIMINARY PROVISIONS . 71 

Sec. 10. Holidays, Monday following to be observed, When. 71 

PERSONS COMPOSING THE PEOPLE OF THE STATE.... 72 

Sec. 50. Who are the People . 72 

Sec. 51. Who are Citizens . 72 

Sec. 52. Residence, Rules for Determining . 72 

One only . 72 

How Changed . 72 

In Actions for Divorce. 72 

Husband may choose the Place. 73 

When Wife refuses to reside at Place Selected 73 

Rights of Husbands.. 73 

RIGHTS AND DUTIES OF PERSONS SUBJECT TO JUR¬ 
ISDICTION. 73 


























SUPPLEMENTAL INDEX 
(Page 71 to Page 110.) 

Page 

Sec. 57. Persons not Citizens. 73 

Sec. 59. Rights and Duties of Citizens not Electors. 73 

Sec. 60. Of Citizens of other States. 73 * 

POLITICAL DIVISIONS OF THE STATE. 75 

SENATORIAL DISTRICTS (Apliabetically arranged). 74 

Sec. 78. Senatorial Districts (Numerically arranged). 75 

Map of Senatorial Districts. 84 

ASSEMBLY DISTRICTS (Alphabetically arranged). 86 

Sec. 90. Assembly Districts (Numerically arranged)... 87 

Map of Assembly Districts.102 

CONGRESSIONAL DISTRICTS (Alphabetically arranged).. 103 

Sec. 117. Congressional Districts (Numerically arranged)...104 

Map of Congressional Districts.104 

LEGISLATIVE OFFICERS .105 

Sec. 225. Number and Designation of Legislative Offices.105 

Sec. 226. Term of Office of Senators and Assemblymen.105 

Sec. 227. Election of State Senators..105 

Sec. 228. Election of State Assemblymen.105 

Sec. 229. Change of Precinct, Senatorial, or Assembly District Boun¬ 
daries .105 

Power to Alter.105 

Sec. 380. Powers and Duties of the Governor.106 

Sec. 408. Secretary of State to certify Number of Votes.106 

Sec. 749. Clerk of the Supreme Court, Election of.106 

Sec. 936. Salaries of Public Officers When Title is Contested.107 

TIME OF HOLDING ELECTIONS .107 

Sec. 1041. General Elections, When Held.107 

Sec. 1043. Special Elections, When Held.107 

Sec. 1044. Conduct of Municipal Elections...107 

Provisions for Holding.107 

ELECTION PROCLAMATIONS .108 

Sec. 1053. For State Senators and Assemblymen, Issued by Governor....108 

Must be under Great Seal of State.108 

Copy to be transmitted to Supervisors.108 

Time of Issuance.108 

Sec. 1054. Governor’s Proclamation, What to Contain.108 

Rewards for Violations.108 

Sec. 1055. Copy to be Published, and Posted by Supervisors.108 

Sec. 1056. Proclamation for Special County Elections, How Issued.108 

MISCELLANEOUS PROVISIONS .109 

Sec. 1066. Plurality to Elect.109 

Proportion of Votes necessary to Elect.109 

Sec. 1067. Proceedings on a Tie Vote.109 

Sec. 1068. Proceedings on -a Tie Vote. For Governor and Lieut.-Gov- 

ernor . 109 

Sec. 1069. Electors privileged from Arrest, When. 109 

Sec. 1070. Electors exempt from Militia Duty, When.109 

Sec. 1071. No Fees charged for Certificate of Registration.109 

Sec. 1072. Compensation of Officers of Election..109 

Sec. 1072a. Election Officers .110 

Unlawful to assign Compensation until after Returns have 

been sealed . 110 

Sec. 1073. Supervisors to have blanks prepared.110 



















































THE 


POLITICAL CODE 

OF THE 

STATE OF CALIFORNIA 


EXTRACT THEREOF RELATING TO ELECTIONS, PUBLIC OFFICES 
AND POLITICAL SUBDIVISIONS. 


PRELIMINARY PROVISIONS. 


Sec. 10. Holidays. Holidays within the meaning of this 
code, are every Sunday, the first day of January, twelfth day 
of February, to be known as Lincoln day, twenty-second day 
of February, thirtieth day of May, fourth day of July, ninth 
day of September, first Monday in September, twelfth day 

of October, to be known as “Columbus day,” twenty-fifth 
day of December, every day on which an election is held 

throughout the state, and every day appointed by the Presi¬ 
dent of the United States or by the governor of this 

state for a public fast, thanksgiving or holiday. If the 
first day of January, twelfth day of February, twenty-second 
day of February, the thirtieth day of May, the fourth 

day of July, the ninth day of September, the twelfth day of 
October, or the twenty-fifth day of December falls upon a Sun¬ 
day, 'the Monday following is a holiday. 

Every Saturday from twelve o’clock noon until twelve 
o’clock midnight is a holiday as regards the transaction of busi¬ 
ness in the public offices of this state, and also in political 
divisions thereof where laws, ordinances or charters provide 
that public offices shall be closed on holidays; this shall not.be 
construed to prevent or invalidate the issuance, filing, service, 
execution or recording of any legal process or written instru¬ 
ment whatever on such Saturday afternoon; and provided, fur¬ 
ther, that the public schools of this state shall close on Satur¬ 
day,’Sunday, the first day of January, the thirtieth day of May, 
the fourth day of July, the twenty-fifth day of December and 
on every day appointed by the President of the United States or 
the governor of this state for a public fast, thanksgiving or 
holiday. Said public schools shall continue in session on all 
other legal holidays and shall hold proper exercises commemo¬ 
rating the day. Boards of school trustees and city boards of 
education shall have power to declare a holiday in the public 
schools under their jurisdiction when a good reason exists 




72 


CALIFORNIA ELECTION LAWS. 


therefore. [Amendment approved March 27, 1911; Stats. 1911, 
p. 521.] 

TITLE II. 

PERSONS COMPOSING THE PEOPLE OF THE STATE. 


One resi¬ 
dence only. 


Residence, 
how changed. 


Sec. 50. Who are the people. The people as a political body 
consist: 

1. Of citizens who are electors; 

2. Of citizens not electors. 

Sec. 51. Who are citizens. The citizens of the state are: 

1. All persons born in this state and residing within it, ex¬ 
cept the children of transient aliens and of alien public ministers 
and consuls; 

2. All persons born out of this state who are citizens of the 
United States and residing within this state. 

Sec. 52. Residence, rules for determining. Every person has 
in law, a residence. In determining the place of residence, the 
following rules are to be observed: 

1. It is the place where one remains when not called else¬ 
where for labor or other special or temporary purpose, and to 
which he returns in seasons of repose; 

2. There can only be one residence; 

3. A residence cannot be lost until another is gained; 

4. The residence of the father during his life, and after his 
death the residence of the mother, while she remains unmarried, 
is the residence of the unmarried minor child; 

5. The residence of the husband is the residence of the wife; 

6. The residence of an unmarried minor who has a parent 
living cannot be changed by either his own act or that of his 
guardian; 

7. The residence can be changed only by the union of act 
and intent. 

(Citations: Cal. 82-634; 104-625; 120-638; 137-427; 145-690; 
(Subd. 3) 145-328; (Subd. 4) 92-198; 131-182; Residence 

for purpose of voting, rules for determining; Post Sec. 1239; 
Const. Art. II, Sec. 4. Absence from state on official business 
does not affect question of residence: Const. Art. XX, Sec. 12. 
Residence of unmarried minor: 

1. Power of guardian to fix residence of ward: Code 
Civ. Proc., Sec. 1763. 

2. When parent may change residence of child: Civ. 
Code, Sec. 213. 

(Note—See quotations below taken from Civil Code.) 

Civil Code, Sec. 129. In actions for divorce, residence. In 

actions for divorce the presumption of law, that the domicile of 
the husband is the domicile of the wife, does not apply. After 


POLITICAL CODE. 


73 


separation, each may have a separate domicile, depending for 
proof upon actual residence, and not upon legal presumption. 

Civil Code, Sec. 103. The husband may choose any reason¬ 
able place or mode of living, and if the wife does not conform 
thereto, it is desertion. 

Civil Code, Sec. 104. When the wife refuses to reside at 
place selected by the husband.—If the place or mode of living 
selected by the husband is unreasonable and grossly unfit, and 
the wife does not conform thereto, it is desertion on the part 
of the husband from the time her reasonable objections are 
made known to him. 

Citations: Cal. 74-613. 

Civil Code, Sec. 156. Rights of husbands. The husband is 
the head of the family. He may choose any reasonable place 
or mode of living, and the wife must conform thereto. 

Citations: Cal. 67-391; 123-655; 137-275; App. 2-512. 

See also, Pol. Code, Sec. 1083-1230-1232-1233-1239-1240. 

TITLE III. 

POLITICAL RIGHTS AND DUTIES OF ALL PERSONS 

SUBJECT TO THE JURISDICTION OF THE STATE. 

Sec. 57. Persons not citizens. Persons in the state not 
citizens are either: 

1. Citizens of other states; or, 

2. Aliens. 

Sec. 28. Eligibility to office. Every elector is eligible to the 
office for which he is elector, except where otherwise specially 
provided; and no person is eligible who is not such an elector. 

Sec. 59. Rights and duties of citizens not electors. An 

elector has no rights or duties beyond those of a citizen not an 
elector, except the right and duty of holding and electing to 
office. 

Sec. 60. Of citizens of other states. A citizen of the United 
States, who is not a citizen of this state, has the same rights 
and duties as a citizen not an elector. 


74 


CALIFORNIA ELECTION LAWS. 


SENATORIAL DISTRICTS 
By Counties. 

Note—for numerical classification see page 75. 



Senatorial 

Counties 

District 

Number 

Alameda 

13-14-15-16 

Alpine 

12 

Amador 

10 

Butte 

6 

Calaveras 

12 

Colusa 

4 

Contra Costa 

9 

Del Norte 

1 

El Dorado 

3 

Fresno 

26 

Glenn 

4 

Humboldt 

1 

Imperial 

39 

Inyo. 

30 

Kern 

32 

Kings 

32 

Lake 

4 

Lassen 

2 

Los Angeles 

29-31-33-34- 

35-36-37-38 

Madera 

12 

Marin 

9 

Mariposa 

12 

Mendocino 

4 

Merced 

12 

Modoc 

2 

Mono 

12 

Monterey 

17 

Napa 

5 

Nevada 

3 



Senatorial 

Counties 

District 

Number 

Orange 

39 

Placer 

3 

Plumas 

3 

Riverside 

39 

Sacramento 

7 

San Benito 

11 

San Bernardino 

30 

San Diego 

40 

San Francisco 

18-19-20- 

21-22-23-24 

San Joaquin 

10 

San Luis Obisf 

, 17 

San Mateo 

11 

Santa Barbara 

25 

Santa Clara 

27-28 

Santa Cruz 

11 

Shasta 

2 

Sierra 

3 

Siskiyou 

2 

Solano 

5 

Sonoma 

8 

Stanislaus 

12 

Sutter 

6 

Tehama 

1 

Trinity 

1 

Tulare 

32 

Tuolumne 

12 

Ventura 

25 

Yolo 

6 

Yuba 

6 
















.OCL HOFTt 


TPINITYj 


TEHAMA 


PLUMA 3 


' CLTNn I BUTTE 


COLUSAI*. 


\UA*E 


CL OORAOO 


,tolo 


TUOLUMMC 


MONO 


MARIPOSA ./ ^ 


MEFCeo 


INYO 


FRESCO 


KERN 


SAN BERNARDINO 


29-31-33 
l 34-35 

VOS ANGELES 

>36-37-38] 


rA BAR WAFA 


RIVERSIDE 


IMPERIAE 


Lttfn'ude cf tap* CaJ — 
AE* N 

Sn f of /fc/ne 


SENATORIAL 

DISTRICTS 


SISKIYOU 


I MODOC 


- 2 -- 


SHASTA ! 


LASSEN 


SAN FRANC* $TO 

l8to24 

INCLUSIVEr^ 




55* M 
(Jiarft s ft>n, S C 


<£Q/or£ 

















































































« 


















* 













' 









POLITICAL CODE. 


75 - 


TITLE I. 

POLITICAL DIVISIONS OF THE STATE. 


STATE LEGISLATIVE DISTRICTS. 

Article I. Senatorial Districts. 
Article II. Assembly Districts. 


ARTICLE I. 

SENATORIAL DISTRICTS. 

(Note—see page 74 for alphabetical arrangement of Sena¬ 
torial Districts.) 

Sec. 78. The state is divided into forty senatorial districts, 
which shall be designated and constituted as follows: 

Senatorial District No. 1. The counties of Del Norte, Hum¬ 
boldt, Trinity and Tehama shall constitute the first senatorial 
district. 

Senatorial District No. 2. The counties of Modoc, Siskiyou, 
Shasta and Lassen shall constitute the second senatorial dis¬ 
trict. 

Senatorial District No. 3. The counties of Plumas, Sierra, 
Nevada, Placer and El Dorado shall constitute the third sen¬ 
atorial district. 

Senatorial District No. 4. The counties of Mendocino, Co¬ 
lusa, Lake and Glenn shall constitute the fourth senatorial dis¬ 
trict. 

Senatorial District No. 5. The counties of Napa and Solano 
shall constitute the fifth senatorial district. 

Senatorial District No. 6. The counties of Butte, Yuba, 
Sutter and Yolo shall constitute the sixth senatorial district. 

Senatorial District No. 7. The county of Sacramento shall 
constitute the seventh senatorial district. 

Senatorial District No. 8. The county of Sonoma shall con¬ 
stitute the eighth senatorial district. 

Senatorial District No. 9. The counties of Marin and Contra 
Costa shall constitute the ninth senatorial district. 

Senatorial District No. 10. The counties of San Joaquin ana 
Amador shall constitute the tenth senatorial district. 

Senatorial District No. 11. The counties of San Mateo, San 
Benito and Santa Cruz shall constitute the eleventh senatorial 
district. 

Senatorial District No. 12. The counties of Tuolumne, Mari¬ 
posa, Stanislaus, Merced, Alpine, Mono, Madera and Calaveras 
shall constitute the twelfth senatorial district. 




76 


CALIFORNIA ELECTION LAWS. 


Senatorial District No. 13. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the line dividing Oakland and Brooklyn townships in¬ 
tersects the northeasterly boundary line of the county of Ala¬ 
meda; thence southwesterly along said dividing line to the 
northeasterly boundary line of the city of Piedmont; thence 
southeasterly and southerly following the northern and eastern 
boundary line of the city of Piedmont to the southeasterly cor¬ 
ner thereof; thence southwesterly along Thirteenth avenue to 
the center line of Fourteenth avenue; thence southerly along 
the center line of Fourteenth avenue to the center line of 
Lincoln street; thence easterly along the center line of Lincoln 
or East Thirty-first street to the center line of Twenty-third 
avenue; thence southerly along the center line of Twenty-third 
avenue to the center line of Sherman street, otherwise known as 
the old County Road; thence easterly along said old County 
Road to the center line of High street; thence easterly along 
center line of the Foothill Road, or County Road No. 3358, to 
the center line of Grand, or Ninetieth avenue; thence south¬ 
westerly along said line of Ninetieth avenue, crossing East 
Fourteenth street to the center line of “B”, or Second street; 
thence easterly along said “B” street to the center line of Jones, 
or Ninety-eighth avenue; thence southerly along the center 
line of Jones, or Ninety-eighth avenue, to the center line of 
County Road No. 1995; thence southerly along the center line 
of County Road No. 1995 to the line dividing Brooklyn and 
Eden townships; thence westerly along said township line to 
the line dividing Brooklyn and Alameda townships; thence 
southerly and westerly along the boundary line of Alameda 
township to the westerly boundary line of Alameda county; 
thence southerly along said westerly boundary line to its inter¬ 
section with the northerly boundary line of Santa Clara county; 
thence easterly along the boundary line dividing Alameda and 
Santa Clara counties to a point which is the intersection of the 
boundary lines of the counties of Alameda, Santa Clara, Stanis¬ 
laus and San Joaquin; thence northwesterly and northerly along 
the boundary line between the counties of Alameda and San 
Joaquin to a point where the boundary line dividing the coun¬ 
ties of Alameda and Contra Costa intersects the westerly 
boundary line of the county of San Joaquin; thence in a south¬ 
westerly and northwesterly direction along the boundary line 
between the counties of Alameda and Contra Costa to the point 
of beginning, shall constitute the thirteenth senatorial district. 

Senatorial District No. 14. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the westerly boundary line of the county of Alameda is 
intersected by the line dividing Oakland and Alameda town¬ 
ships; thence easterly along said dividing line to a point in 
Oakland harbor where said line is intersected by the line divid¬ 
ing Oakland and Brooklyn townships; thence northerly along 


SENATORIAL DISTRICTS. 


77 


the westerly boundary line of Brooklyn township, passing- 
through the easterly arm of Lake Merritt and up Indian Gulch 
to the northeasterly boundary line of East Oakland Heights; 
thence southeasterly along said last boundary line to the center 
of Thirteenth avenue; thence northeasterly along center line of 
Thirteenth avenue, or County Road to Moraga Valley, to the 
center line of Fourteenth avenue; thence southerly along the 
center line of Fourteenth avenue to the center line of Lincoln 
street; thence easterly along the center line of Lincoln, or East 
1 hirty-first street, to the center line of Twenty-third avenue; 
thence southerly along the center line of Twenty-third avenue 
to the center line of Sherman street, otherwise known as old 
County Road; thence easterly along said old County Road to the 
center line of High street; thence along the center line of Foot¬ 
hill Road, or County Road No. 3358, to the center line of Grand, 
or Ninetieth avenue; thence southerly along said line of Nine¬ 
tieth avenue, crossing East Fourteenth street to “B”, or Second 
street; thence easterly along said “B” street to the center line 
of Jones, or Ninety-eighth avenue; thence southerly along the 
center line of Jones; or Ninety-eighth avenue, to the center line 
of County Road No. 1995; thence southerly along center line of 
County Road No. 1995 to the line dividing Brooklyn and Eden 
townships; thence westerly along said township line to the line 
dividing Brooklyn and Alameda townships; thence southerly 
and westerly along the boundary line of Alameda township to 
the westerly boundary line of Alameda county; thence north¬ 
westerly along the westerly county boundary line to the south¬ 
erly boundary line of Oakland township and the point of be¬ 
ginning, shall constitute the fourteenth senatorial district. 

Senatorial District No. 15. All that portion of the county of 
Alameda discribed as follows, to wit: Beginning at a point 
where the northern boundary line of the city of Berkeley inter¬ 
sects the northeasterly boundary line of the county of Alameda; 
thence westerly along said northern boundary line of the city of 
Berkeley to a point where the same is coincident with the center 
line of Eunice street; thence westerly along the center line of 
Eunice street to the center line of Milvia street; thence south¬ 
erly along the center of Milvia street to the center line of Ade¬ 
line street; thence southerly along the center line of Adeline 
street to the northerly boundary line of the town of Emery¬ 
ville ; thence easterly, southerly and westerly following the 
boundary line of the town of Emeryville to the center line of 
San Pablo avenue; thence southerly along the center line of 
San Pablo avenue to the center line of Broadway; thence south¬ 
erly along the center line of Broadway to the northern boundary 
line of Alameda township; thence easterly along the northern 
boundary line of Alameda township to the westerly line of 
Brooklyn township, the same being a point in Oakland harbor; 
thence northerly along the westerly boundary line of Brooklyn 
township, passing through the easterly arm of Lake Merritt 


78 


CALIFORNIA ELECTION LAWS. 


and up Indian Gulch to the northeasterly boundary line of East 
Oakland Heights; thence southeasterly along last said boundary 
line to the center line of Thirteenth avenue; thence north¬ 
easterly along the center line of Thirteenth avenue, or County 
Road to Moraga Valley, to the southeastern corner of the city 
of Piedmont; thence northerly and westerly following the east¬ 
erly and northerly boundary lines of the city of Piedmont to 
the line dividing Brooklyn and Oakland townships; thence 
northeasterly along the last said township line to the boundary 
line of Alameda county; thence northwesterly along the county 
boundary line to the point of beginning, shall constitute the 
fifteenth senatorial district. 

Senatorial District No. 16. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the northerly boundary line of the city of Berkeley inter¬ 
sects the northeasterly boundary line of the county of Alameda; 
thence westerly along said northern boundary line of the city 
of Berkeley to a point where the same is coincident with the 
center line of Eunice street; thence westerly along the center 
line of Eunice street to the center line of Milvia street; thence 
southerly along the center line of Milvia street to the center 
line of Adeline street; thence southerly along the center line of 
Adeline street to the northerly boundary line of the town of 
Emeryville; thence easterly, southerly and westerly, following 
the boundary line of the town of Emeryville to the center line 
of San Pablo avenue; thence southerly along the center line of 
San Pablo avenue to the center line of Broadway; thence south¬ 
erly along the center line of Broadway to the northern boundary 
line of Alameda township; thence westerly along the line divid¬ 
ing Alameda and Oakland townships to the western, boundary 
line of the county of Alameda; thence northerly along the said 
county boundary line to the northern boundary line of the 
county of Alameda; thence easterly following the northern 
boundary line of the county of Alameda to the point of begin¬ 
ning, shall constitute the sixteenth senatorial district. 

Senatorial District No. 17. The counties of Monterey and 
San Luis Obispo shall constitute the seventeenth senatorial 
district. 

Senatorial District No. 18. All that portion of the city and 
county of San Francisco described as follows: Commencing at 
the point of intersection of Van Ness avenue and Market street, 
continuing thence along the center line of the following named 
streets, to wit: Market to the waters of the Bay of San Fran¬ 
cisco; thence along the shore line northerly to Filbert street, 
Filbert to Leavenworth, Leavenworth to Broadway, Broadway 
to Van Ness avenue, Van Ness avenue to Market street, the 
place of beginning, together with all the waters of the Bay of 
San Francisco and the islands contained therein, situated within 


SENATORIAL DISTRICTS. 


79 


the boundaries of the city and county of San Francis :o, shall 
constitute the eighteenth senatorial district. 

Senatorial District No. 19. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Maple and California streets, con¬ 
tinuing thence along the center line of the following named 
streets: California to Baker, Baker to Pine, Pine to Laguna, 
Laguna to Sutter, Sutter street to Van Ness Avenue, Van Ness 
avenue to Broadway, Broadway to Leavenworth, Leavenworth 
to Filbert, Filbert to the waters of the Bay of San Francisco; 
thence along the shore line of said bay northerly and westerly 
to the waters of the Pacific Ocean ; thence along said shore line to 
Lobos creek where the same enters into the Pacific ocean; 
thence along the line of said creek and the southerly boundary 
line of the Presidio Reservation to Maple street, Maple to Cali¬ 
fornia, the place of beginning, shall constitute the nineteenth 
senatorial district. 

Senatorial District No. 20. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the intersection of Pine and Laguna streets, continuing thence 
along the center line of the following named streets: Laguna 
to O’Farrell. O’Farrell street to St. Joseph avenue, St. Joseph 
avenue to Turk, Turk to Baker, Baker to Oak street, Oak 
street to Central avenue, Central avenue to Buena Vista ave¬ 
nue, Buena Vista avenue to Frederick street, Frederick to Clay¬ 
ton, Clayton street to Clarendon avenue, Clarendon avenue to 
Burnett avenue, Burnett avenue to Palo Alto avenue, Palo 
Alto avenue to the easterly line of the San Miguel rancho; 
thence along said line northerly to a point opposite Seventeenth 
street; thence along said line of Seventeenth street, if extended, 
to Kirkham street, Kirkham street to Locksley avenue, Locksley 
avenue to the westerly line of San Miguel rancho; thence along 
said line to Corbett avenue and Sloat boulevard; thence along 
said line of the Sloat boulevard to the waters of the Pacific 
ocean ; thence along the shore line of said ocean northerly and 
easterly to Lobos creek; thence along the line of said creek and 
the southerly boundary line of the Presidio Reservation to 
Maple street, Maple to California, California to Baker, Baker to 
Pine, Pine to Laguna, the place of beginning, together with the 
islands known as the Farallon Islands, shall constitute the 
twentieth senatorial district. 

Senatorial District No. 21. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twenty-first street 
with the center line of Dolores street; thence along the center 
line of the following named streets, to wit: Twenty-first street 
to San Carlos street, San Carlos street to Eighteenth street. 
Eighteenth street to Shotwell street, Shotwell street to Twenty- 
first street, Twenty-first street to Bryant avenue, Bryant avenue 


80 


CALIFORNIA ELECTION LAWS. 


to Army street, Army street to Mission street, Mission street 
to Twenty-ninth street, Twenty-ninth street to Dolores street, 
Dolores street to point of beginning; and all that portion of the 
city and county of San Francisco bounded as follows: Com¬ 
mencing at the point of intersection of Oak and Fillmore 
streets; thence along the center line of the following named 
streets: Fillmore street to Duboce avenue, Duboce avenue to 
Church street, Church street to Twenty-first street, Twenty- 
first street to Dolores street, Dolores street to Twenty-second 
street, Twenty-second street to Grand View avenue, Grand View 
avenue to Dixie alley, Dixie alley to Burnett avenue, Burnett ave¬ 
nue to Corbett avenue, Corbett avenue to the westerly boundary 
line of the San Miguel rancho; thence along the line of said 
San Miguel rancho northeasterly to Locksley avenue, Locksley 
avenue to Kirkham street; thence along the line of Kirkham 
street, if extended, easterly to a point in the easterly boundary 
line of the San Miguel rancho opposite Seventeenth street; 
thence along said line southerly to Palo Alto avenue, Palo 
Alto avenue to Burnett avenue, Burnett avenue to Clarendon 
avenue, Clarendon avenue to Clayton street, Clayton street to 
Frederick street, Frederick street to Buena Vista avenue, Buena 
Vista avenue to Central avenue, Central avenue to Oak street, 
Oak street to Fillmore street, the place of beginning, and the 
following described portions of the city and county of San 
Francisco, to wit: Commencing at the point of intersection of 
the center line of Bryant avenue with the center line of Twenty- 
first street; thence along the center line of the following named 
streets, to wit: Bryant avenue to Army street, Army street to 
Connecticut street, Connecticut street to Twentieth street, 
Twentieth street to Bryant avenue, Bryant avenue to the point 
of beginning, shall constitute the twenty-first senatorial dis¬ 
trict. 

Senatorial District No. 22. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the intersection of Twenty-first street and Bryant avenue, con¬ 
tinuing thence along the center line of the following named 
streets; Bryant avenue to Eleventh street, Eleventh to Market, 
Market street to Van Ness avenue, Van Ness avenue to Sutter 
street, Sutter street to Laguna, Laguna to O’Farrell, O’Farrell 
street to St. Joseph avenue, St. Joseph avenue to Turk street, 
Turk to Baker, Baker to Oak, Oak to Fillmore, Fillmore to 
Duboce avenue, Duboce avenue to Church street, Church street 
to Twenty-first street, Twenty-first street to San Carlos street, 
San Carlos street to Eighteenth street, Eighteenth street to 
Shotwell street, Shotwell street to Twenty-first street, Twenty- 
first street to Bryant avenue, the place of beginning, shall con¬ 
stitute the twenty-second senatorial district. 

Senatorial District No. 23. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 


SENATORIAL DISTRICTS. 


81 


the point of intersection of the center line of Market street 
with the center line of Eleventh street; ithence along the center 
line of the following named streets, to wit: Eleventh street to 
bryant avenue, Bryant avenue >to Twentieth street. Twentieth 
street to the Bay of San Francisco; thencfe northerly along the 
shore line of said bay to its intersection with the center line 
of Market street; thence along the center line of Market street 
to the point of beginning, and the following described portion 
of the city and county of San Francisco: Commencing at the 
point of intersection of the center line of Twentieth street with 
the center line of Connecticut street; thence along the center 
line of the following named streets, to wit: Connecticut street 
to Army street, Army street to San Bruno avenue, San Bruno 
avenue to the boundary line between the city and county of San 
Francisco and the county of San Mateo; ithence easterly along 
said boundary line to the shore line of the Bay of San Fran¬ 
cisco-; thence northerly along said shore line to its intersection 
with the center line of Twentieth street; thence along the center 
line of Twentieth street to the point of beginning, shall con¬ 
stitute the twenty-third senatorial district. 

Senatorial District No. 24. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Dolores and Twenty-ninth streets; 
thence along the center line of the following named streets, 
to wit: Twenty-ninth to Mission, Mission to Army, Army to 
San Bruno avenue, San Bruno avenue to the boundary line 
dividing the city and county of San Francisco and the county 
of San Mateo.; thence along said boundary line westerly to 
San Jose avenue, San Jose avenue to Dolores street, Dolores 
street to Twenty-ninth street, the place of beginning; and all 
that portion of the city and county of San Francisco bounded 
as follows: Commencing at the point of intersection of Twenty- 
second and Dolores streets; thence along the center line of the 
following named streets: Dolores street to San Jose avenue, 
San Jose avenue to the Boundary line dividing the city and 
county of San Francisco and the county of San Mateo; thence 
along said boundary line westerly to the intersection of the 
waters of the Pacific ocean ; thence along the shore line of said 
ocean northerly to the Sloat boulevard; thence along Sloat 
boulevard to Corbett avenue, Corbett avenue to Burnett avenue, 
Burnett avenue to Dixie alley, Dixie alley to Grand View 
avenue, Grand View avenue to Twenty-second street, Twenty- 
second street to Dolores street, the place of beginning, shall con¬ 
stitute the twenty-fourth senatorial district. 

Senatorial District No. 25. The counties of Ventura and 
Santa Barbara shall constitute the twenty-fifth senatorial dis¬ 
trict. 

Senatorial District No. 26. The county of Fresno shall con¬ 
stitute the twenty-sixth senatorial district. 


82 


CALIFORNIA ELECTION LAWS. 


Senatorial District No. 27. All that portion of the county of 
Santa Clara not included in the twenty-eighth senatorial district, 
as designated and constituted by this section, shall constitute 
the twenty-seventh senatorial district. 

Senatorial District No. 28. All that portion of the county 
of Santa Clara embraced within the following precincts, as 
constituted at the general election in nineteen hundred ten, to 
wit: Agnews, that part of Alameda precinct lying north of the 
center line of Park avenue, Alviso, Berryessa, Burbank, that 
part of Crandalville precinct number one lying outside of the 
city limits of the city of San Jose, as established in 1911, 
Cupertino, East San Jose number two, Fremont, Jefferson, May- 
field, Milpitas numbers one and two, Mountain View numbers 
one and two, Mount Hamilton, Orchard, Palo Alto numbers 
one, two, three, four and five, Purissima, San Jose numbers 
one, two, three, four, five, six, seven, eight, nine, ten, eleven and 
twelve, Santa Clara numbers one, two, three and four, Saratoga, 
Stanford, Stockton, Sunnyvale numbers one and two and Uni¬ 
versity numbers one and two, shall constitute the twenty- 
eighth senatorial district. 

Senatorial District No. 29. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of the north patent boundary line of the city of Los 
Angeles with the center line of the Los Angeles river; thence 
southeasterly and southerly along the center line of the Los 
Angeles river and the center line of the official bed of the Los 
Angeles river to its intersection with the center line of North 
Broadway from the east; thence along the center line of the 
following named streets, to wit: North Broadway to Daly 
street, Daly street to Mission road, Mission road to Gallardo 
street, Gallardo street to Macy street, Macy street to Brooklyn 
avenue, Brooklyn avenue to Pleasant avenue, Pleasant avenue 
to First street, First street to Pecan street. Pecan street to 
Fifth street, Fifth street to Gless street, Gless street to Sixth 
street, Sixth street and its extension westerly along the line of 
assembly district number sixty-five, as designated and con¬ 
stituted by section ninety of this code, to the center line of the 
official bed of the Los Angeles river; thence southerly along 
the line last mentioned and the prolongation thereof to the 
south boundary line of the city of Los Angeles; thence westerly 
along the line last mentioned to the center line of Alameda 
street, Alameda street to Twentieth street, Twentieth street to 
Compton avenue, Compton avenue to Twenty-first street, 
Twenty-first street to Central avenue, Central avenue to 
Twenty-first street from the west, Twenty-first street to Maple 
avenue, Maple avenue to Eleventh street, Eleventh street to 
Wall street. Wall street to Fifth street. Fifth street to Hill 
street, Hill street to Temple street, Temple street to Hill 
street, Hill street to Sunset boulevard, Sunset boulevard to Hill 


SENATORIAL DISTRICTS. 


S3 


street, Hill street to Alpine street, Alpine street to Cleveland 
Cleveland street to College street, College street to 
Adobe street, Adobe street to Look Out drive, Look Out drive 
to Park Terrace, Park Terrace to Sunset boulevard, Sunset 

oulevard to Echo Park avenue, Echo Park avenue and the 
prolongation thereof to the north patent boundary of the city 
of Los Angeles; thence easterly along the line last mentioned 
to the place of beginning, shall constitute the twenty-ninth 
senatorial district. 

Senatorial District No. 30. The counties of San Bernardino 
and Inyo shall constitute the thirtieth senatorial district. 

Senatorial District No. 31. All that portion of the county of 
Los Angeles embraced within and comprising the seventy-first 
and seventy-second assembly districts, as designated and con¬ 
stituted by section ninety of this code, shall constitute the 
thirty-first senatorial district. 

Senatorial District No. 32. The counties of Kings, Tulare 
and Kern shall constitute the thirty-second senatorial district. 

Senatorial District No. 33. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-eighth 
and seventieth assembly districts, as designated and constituted 
by section ninety of this code, shall constitute the thirty-third 
senatorial district. 

Senatorial District No. 34. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-second 
assembly district, as designated and constituted by section 
ninety of this code and all that portion of said county bounded 
as follows: Commencing at the intersection of the center line 
of Washington street and Hoover street, in the city of Los 
Angeles; thence along the center line of the following named 
streets, to wit: Hoover street to Pico street, Pico street to 
Hoover street, Hoover street to Carondelet street, Carondelet 
street to Ninth street, Ninth street to Hoover street, Hoover 
street to Seventh street, Seventh street to Vermont avenue, 
Vermont avenue to Melrose avenue, Melrose avenue to the 
west patent boundary line of said city; thence north along said 
patent boundary line to the northwest corner of said city as 
described in the United States patent; thence east along the 
north patent boundary of said city to the easterly line of that 
portion of Tropico precinct number two annexed to said city 
prior to November 1, 1911; thence northwesterly, westerly and 
southerly following the exterior lines of those portions of 
Tropico precinct numbers one and two, and of Ivanhoe precinct 
so annexed to said city, to the north line of the former city 
of Hollywood, the same being a point in the present north 
boundary line of the city of Los Angeles; thence following the 
boundary line of said city of Los Angeles westerly, southerly, 
westerly, southerly, westerly, southerly, easterly, southerly, 


84 


CALIFORNIA ELECTION LAWS. 


easterly and southerly to the center line of Washington street; 
thence east along said center line to the point of beginning, 
shall constitute the thirty-fourth senatorial district. 

Senatorial District No. 35. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-sixth 
and sixty-ninth assembly districts, as designated and constituted 
by section ninety of this code, shall constitute the thirty-fifth 
senatorial district. 

Senatorial District No. 36. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-seventh 
assembly district as designated and constituted by section 
ninety of this code, and all that portion of said county embraced 
within and comprising the sixty-first assembly district, as so 
designated and constituted, excepting therefrom that portion of 
.said sixty-first assembly district situate within the city of Los 
Angeles and lying west of the following described lines, to wit : 
Beginning at the intersection of the north patent boundary line 
of said city with the center line of the Los Angeles river; 
thence southeasterly and southerly along the center line of the 
Los Angeles river and the center line of the official bed of the 
Los Angeles river to its intersection with the center line of 
North Broadway from the east, shall constitute the thirty-sixth 
senatorial district. 

Senatorial District No. 37. All that portion of the county of 
Los Angeles described as follows: Beginning at the intersection 
of the center lines of Wall street and Fifth street, in the city 
of Los Angeles; thence along the center line of the following 
named streets, to wit: Fifth street to Hill street, Hill street to 
Temple street, Temple street to Hill street, Hill street to Sunset 
boulevard, Sunset boulevard to Hill street. Hill street to Alpine 
street, Alpine street to Cleveland street, Cleveland street to 
College street, College street to Adobe street, Adobe street to 
Look Out Drive, Look Out Drive to Park Terrace, Park Ter¬ 
race to Sunset boulevard, Sunset boulevard to Echo Park ave¬ 
nue, Echo Park avenue and the prolongation thereof to the 
north patent boundary line of the city of Los Angeles; thence 
west along said boundary line to the northwest corner of said 
city as described in the United States patent; thence south 
along the west patent boundary line of said city to the center 
line of Melrose avenue; thence along the center line of the 
following named streets, to wit: Melrose avenue to Vermont 
avenue, Vermont avenue to Seventh street, Seventh street to 
Hoover street, Hoover street to Ninth street, Ninth street to 
Blaine street, Blaine street to Tenth street, Tenth street to 
Georgia street, Georgia street to Ottawa street, Ottawa street 
to Figueroa street, Figueroa street to Eleventh street, Eleventh 
street to Wall street, Wall street to Fifth street, the place of 
beginning, shall constitute the thirty-seventh senatorial district. 





SENATORIAL DISTRICTS. 


85 


Senatorial District No. 38. All that portion of the county of 
Los Angeles bounded as follows : Beginning at the intersection 
of the center line of Maple street and Eleventh street, in the 
city of Los Angeles; thence along the center line of the follow¬ 
ing named streets, to wit: Eleventh street to Figueroa street, 
Figueroa street to Ottawa street, Ottawa street to Georgia 
street, Georgia street to Tenth street, Tenth street to Blaine 
street, Blaine street to Ninth street, Ninth street to Carondelet 
street, Carondelet street to Hoover street, Hoover street to Pico 
street, Pico street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Figueroa street, Figueroa street to 
Vernon avenue, Vernon avenue to McKinley avenue or the 
northerly prolongation of McKinley avenue from the south, Mc¬ 
Kinley avenue and said prolongation to Fifty-first street, Fifty- 
first street to Central avenue. Central avenue to Fifty-first 
street. Fifty-first street to Hooper avenue, Hooper avenue to 
Fifty-first street. Fifty-first street and the easterly prolongation 
thereof to a point in the easterly boundary line of the city of 
Los Angeles; thence in a northerly direction along said 
boundary line to the southerly charter boundary line of the 
city of Los Angeles where the same intersects the .center line 
of Alameda street, Alameda street to Twentieth street. Twen¬ 
tieth street to Compton avenue, Compton avenue to Twenty- 
first street, Twenty-first street to Central avenue, Central ave¬ 
nue to Twenty-first street from the west; Twenty-first street to 
Maple avenue, Maple avenue to Eleventh street the place of 
beginning, shall constitute the thirty-eighth senatorial district. 

Senatorial District No. 39. The counties of Riverside, 
Orange and Imperial shall constitute the thirty-ninth senatorial 
district. 

Senatorial District No. 40. The county of San Diego shall 
constitute the fortieth senatorial district. [Amendment approved 
January 2, 1912; in effect March 24, 1912.] 





86 


CALIFORNIA ELECTION LAWS. 


ASSEMBLY DISTRICTS 
By Counties. 

(Note—For numerical classification see page 87.) 


Counties 

Assembly 

District 

Number 

Alameda 

34 to 41 
Inclusive. 

Alpine 

16 

Amador 

16 

Butte 

7 

Calaveras 

16 

Colusa 

5 

Contra Costa 

18 

Del Norte 

1 

El Dorado 

16 

Fresno 

50-51-52 

Glenn 

5 

Humboldt 

2 

Imperial 

78 

Inyo 

47 

Kern 

56 

Kings 

54 

Lake 

11 

Lassen 

4 

Los Angeles 

61 to 75 
Inclusive. 

Madera 

49 

Marin 

17 

M ariposa 

47 

Mendocino 

6 

Merced 

49 

Modoc 

4 

Mono 

47 

M onterey 

48 

Napa 

11 

Nevada 

9 


Counties 

Assembly 

District 

Number 

Orange 

76 

Placer 

9 

Plumas 

4 

Riverside 

77 

Sacramento 

14 and 15 

San Benito 

48 

San Bernardinc 

57 and 58 

San Diego 

79 and 80 

San Francisco 

21 to 33 
Inclusive. 

San Joaquin 

17 

San Luis Obis] 

> 53 

San Mateo 

42 

Santa Barbara 

59 

Santa Clara 

44 and 45 

Santa Cruz 

43 

Shasta 

3 

Sierra 

4 

Siskiyou 

1 

Solano 

10 

Sonoma 

12 and 13 

Stanislaus 

46 

Sutter 

8 

Tehama 

5 

Trinity 

3 

Tulare 

55 

Tuolumne 

47 

Ventura 

60 

Yolo 

8 

Yuba 

8 
















Siskiyou 


MODOC 


TRINITY, 


TEHAMA 


GlCnn I BUTrc 


SIERRA 


CL OORAOO. 


TUOLUMNE 


MONO 




MARIPOSA 


MERCED 


INYO 


'TULARE 


SAN BERNARDINO 


IA BARBARA 


10$ ANGELES 


IMPERIAL 


qf Cop* 1— 

N 

«/ /&»e 


ASSEMBLY 

DISTRICTS 


for fo 

3AN fX»j«C«SCO 

21 to33 
INCLUSIVE 


LASSEM 


plumas 


34to4l 

INCLUSIVE 


//* 

SkG>*tK/«ton 


61 to75 
INCLUSIVE 


33* N. _ 

l~c f f}> /(stbn, S C 


\?er 
































ASSEMBLY DISTRICTS. 


87 


ARTICLE II. 


ASSEMBLY DISTRICTS. 


(Xote, See page 86 for alphabetical arrangement of Assem¬ 
bly Districts.) 


Sec. 90. The state is hereby divided into eighty assembly 
districts, respectively numbered and constituted as follows: 

Assembly District No. 1. The counties of Del Norte and 
Siskiyou shall constitute the first assembly district. 

Assembly District No. 2. The county of Humboldt shall con¬ 
stitute the second assembly district. 

Assembly District No. 3. The counties of Shasta and Trinity 
shall constitute the third assembly district. 

Assembly District No. 4. The counties of Plumas, Lassen, 
Modoc and Sierra shall constitute the fourth assembly district. 

Assembly District No. 5. The counties of Tehama, Glenn and 
Colusa shall constitute the fifth assembly district. 

Assembly District No. 6. The county of Mendocino shall 
constitute the sixth assembly district. 

Assembly District No. 7. The county of Butte shall consti¬ 
tute the seventh assembly district. 

Assembly District No. 8. The counties of Yuba, Sutter and 
Yolo shall constitute the eighth assembly district. 

Assembly District No. 9. The counties of Nevada and Placer 
shall constitute the ninth assembly district. 

Assembly District No. 10. The county of Solano shall con¬ 
stitute the tenth assembly district. 

Assembly District No. 11. The counties of Napa and Lake 
shall constitute the eleventh assembly district. 

Assembly District No. 12. All that portion of the county 
of Sonoma comprising the following election precincts of nine¬ 
teen hundred and ten, to wit: Bloomfield, Blucher, Bodega, 
Cazadero, Cotati, Dry Creek, Duncan’s Mills, Forestville, Free¬ 
stone, Graton, Healdsburg City number 1 to 4 inclusive, Healds- 
burg Road, Lakeville, Magnolia, Marin, Mendocino, Molino, 
Occidental, Pennsgrove, Petaluma numbers 1 to 7 inclusive, 
East Redwood, West Redwood, Sebastopol numbers 1 and 2, 
Skagg’s Spring, Stewart’s Point, Table Mountain, Timber Cove, 
Valley Ford, and Wilson, shall constitute the twelfth assembly 
district. 

Assembly District No. 13. All that portion of the county of 
Sonoma not embraced in the twelfth assembly district, shall 
constitute the thirteenth assembly district. 





88 


CALIFORNIA ELECTION LAWS. 


Assembly District No. 14. All that portion of the county of 
Sacramento, composed of that part of the city of Sacramento, 
lying north of the center of “K” street, and east of the center 
of Thirty-first street, and all that portion of said Sacramento 
county included within the boundaries of “American Town¬ 
ship,” “Brighton Township,” “Center Township,” “Granite 
Township,” “Mississippi Township,” “Natoma Township,” and 
“Sutter Township,” as said townships existed on the first day 
of January, 1911, shall constitute the fourteenth assembly dis¬ 
trict. 

Assembly District No. 15. All that portion of the county of 
Sacramento not included in the fourteenth assembly district 
shall constitute the fifteenth assembly district. 

Assembly District No. 16. The counties of Amador, El 
Dorado, Alpine and Calaveras shall constitute the sixteenth as¬ 
sembly district. 

Assembly District No. 17. The county of Marin shall consti¬ 
tute the seventeenth assembly district. 

Assembly District No. 18. The county of Contra Costa shall 
constitute the eighteenth assembly district. 

Assembly District No. 19. All that portion of the county 
of San Joaquin not included in the twentieth district shall con¬ 
stitute the nineteenth assembly district. 

Assembly District No. 20. All that portion of the county of 
San Joaquin comprising the city of Stockton shall constitute 
the twentieth assembly district. 

Assembly District No. 21. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Market street 
with the center line of Eleventh street; thence along the cen¬ 
ter line of the following named streets, to wit: Eleventh street 
to Bryant avenue, Bryant avenue to Twentieth street, Twen¬ 
tieth street to the waters of the Bay of San Francisco; thence 
northerly along, the shore line of said bay to its intersection 
with the center line of Market street; thence along the center 
line of Market street to the point of beginning, shall constitute 
the twenty-first assembly district. 

Assembly District No. 22. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twentieth street 
tvith the center line of Bryant avenue, continuing thence along 
the center line of the following named streets, to wit: Bryant 
avenue to Army street, Army street to San Bruno avenue, San 
Bruno avenue to the boundary line between the city and county 
of San Francisco and the county of San Mateo; thence easterly 
along said boundary line to the Bay of San Francisco; thence 
'northerly along the shore line of the Bay of San Francisco to 
its intersection with the center line of Twentieth street; thence 
along the center line of Twentieth street to the point of be¬ 
ginning, shall constitute the twenty-second assembly district. 





ASSEMBLY DISTRICTS. 


89 


Assembly District No. 23. All that portion of the city and 
conn y o Sain Francisco bounded as follows: Commencing at 
the point of intersection of Dolores and Twenty-ninth streets* 
thence along the center line of the following named streets' 
to wit: Twenty-ninth to Mission, Mission to Army, Army to 
San Bruno avenue, San Bruno avenue to the boundary'line 
dividing the city and county of San Francisco and the county 
of San Mateo; thence along said boundary line westerly to 
the center line of San Jose avenue; thence along the center 
lines of the following named streets, to wit: San Jose avenue 
to Dolores street, Dolores street to Twenty-ninth street, the 
place of beginning, shall constitute the twenty-third assemblv 
district. ' J 

Assembly District No. 24. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Twenty-second and Dolores streets, 
thence along the center line of the following named streets, 
to wit: Dolores to San Jose avenue, San Jose avenue to the 
boundary line dividing the city and county of San Francisco 
and the county of San Mateo, thence along said boundary line, 
westerly, to the waters of the Pacific ocean, thence along the 
shore line of said ocean northerly, to the Sloat boulevard; 
thence along the center lines of the following named streets, 
to wit: Sloat boulevard to Corbett avenue, Corbett avenue 
to Burnett avenue, Burnett avenue to Dixie alley, Dixie alley 
to Grand View avenue, Grand View avenue to Twenty-second 
street, Twenty-second street to Dolores, the place of beginning, 
shall constitute the twenty-fourth assembly district. 

Assembly District No. 25. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Eighteenth street and Dolores street, 
continuing along the center lines of the following named streets, 
to wit: Dolores to Twenty-ninth, Twenty-ninth to Mission, 
Mission to Army, Army to Bryant avenue, Bryant avenue to 
Eighteenth street, Eighteenth to Harrison, Harrison to Eight¬ 
eenth, Eighteenth to Dolores, the point of commencement, 
shall constitute the twenty-fifth assembly district. 

Assembly District No. 26. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister and Fillmore streets, 
continuing thence along the center line of the following named 
streets, to wit: Fillmore street to Duboce avenue, Duboce 
avenue to Church street, Church street to Eighteenth, Eight¬ 
eenth to Dolores, Dolores to Twenty-second, Twenty-second 
to Grand View avenue, Grand View avenue to Dixie alley, 
Dixie alley to Burnett avenue, Burnett avenue to Clarendon 
avenue, Clarendon avenue to Clayton street, Clayton to Ash¬ 
bury, Ashbury to Piedmont, Piedmont to Masonic avenue, Ma¬ 
sonic avenue to Java street, Java street to Buena Vista avenue, 
Buena Vista avenue to Central avenue, Central avenue to Oak 


:90 


CALIFORNIA ELECTION LAWS. 


street, Oak street to Masonic avenue, Masonic avenue to Mc¬ 
Allister street, McAllister street to Fillmore street, the place 
of beginning, shall constitute the twenty-sixth assembly dis¬ 
trict. 

Assembly District No. 27. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Masonic avenue, 
thence along the center line of the following named streets, 
to wit: Masonic avenue to Oak street, Oak street to Central 
avenue, Central avenue to Buena Vista avenue, Buena Vista 
avenue to Java street, Java street to Masonic avenue, Masonic 
avenue to Piedmont street, Piedmont street to Ashbury street, 
Ashbury street to Clayton street, Clayton street to Clarendon 
avenue, Clarendon avenue to Burnett avenue, Burnett avenue 
to Corbett avenue, Corbett avenue to Sloat boulevard, Sloat 
boulevard to the waters of the Pacific ocean; thence along the 
shore line of said ocean northerly to Fulton street, Fulton street 
to Masonic avenue, the place of beginning, shall constitute the 
twenty-seventh assembly district. 

Assembly District No. 28. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Parker avenue, 
thence along the center line of the following named streets, 
to wit: Parker avenue to California street, California street 
ito Maple avenue, Maple avenue to the southerly line of the 
Presidio Reservation ; thence westerly along the southerly bound¬ 
ary of the Presidio Reservation to Lobos creek; thence along 
the center line of Lobos creek to the waters of the Pacific ocean; 
thence westerly and southerly along the said shore line to Ful¬ 
ton street, Fulton street to Parker avenue, the point of begin¬ 
ning, together with the islands known as the Farallon islands, 
shall constitute the twenty-eighth assembly district. 

Assembly District No. 29. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister street and Van Ness 
avenue, thence along the center lines of the following named 
streets, to wit: Van Ness avenue to Market street, Market 
street to Eleventh street, Eleventh street to Bryant avenue, 
Bryant avenue to Eighteenth street, Eighteenth street to Har¬ 
rison street, Harrison street to Eighteenth street, Eighteenth 
street to Church street, Church street to Duboce avenue, Duboce 
avenue to Fillmore street, Fillmore street to McAllister street, 
McAllister street to Van Ness avenue, the place of beginning, 
shall constitute the twenty-ninth assembly district. 

Assembly District No. 30. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van Ness avenue, 
thence along the center line of the following named streets, 
to wit: Van Ness avenue to McAllister street, McAllister 
street to Masonic avenue, Masonic avenue to Fulton street, 



ASSEMBLY DISTRICTS. 


91 


Fulton street to Parker avenue, Parker avenue to California 
street, California street to Presidio avenue, Presidio avenue 
to Pine street, Pine street to Van Ness avenue, the point of 
beginning, shall constitute the thirtieth assembly district. 

Assembly District No. 31. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van Ness Avenue, 
thence along the center line of the following named streets, 
to wit: Van Ness avenue to the bay of San Francisco; thence 
along the shore line of said bay to the waters of the Pacific 
ocean; thence along the shore line of said ocean to Lobos creek; 
thence along the line of said Lobos creek to the southerly 
boundary line of Presidio Reservation; thence along said bound¬ 
ary line to Maple street; Maple street to California street, Cali¬ 
fornia street to Presidio avenue. Presidio avenue to Pine street, 
Pine street to Van Ness avenue, the point of beginning, shall 
constitute the thirty-first assembly district. 

Assembly District No. 32. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Van Ness avenue and Market 
street, continuing along the center line of the following named 
streets, to wit: Van Ness avenue to the waters of the bay 
of San Francisco; thence easterly along the shore line of said 
bay to Jones street, Jones street to Green street, Green street 
to Mason street, Mason street to Ellis street, Ellis street to 
Jones street, Jones street to Market street, Market street to 
Van Ness avenue, the point of beginning, shall constitute the 
thirty-second assembly district. 

Assembly District No. 33. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Market street and Jones street, 
continuing thence along the center line of the following named 
streets, to wit: Jones to Ellis, Ellis to Mason, Mason to 
Green, Green to Jones, Jones to the waters of the bay of San 
Francisco; thence easterly along the shore line of said bay 
to Market street, Market street to Jones street, the point of 
beginning, and the islands of the bay of San Francisco within 
the city and county of San Francisco, shall constitute the thirty- 
third assembly district. 

Assembly District No. 34. All of that portion of the county 
of Alameda lying easterly of a line described as follows: Be¬ 
ginning at a point where the boundary line between Eden and 
Alameda townships intersects the westerly boundary line of 
Alameda county; thence easterly and northerly along the bound¬ 
ary line of Alameda township to the line dividing Brooklyn 
and Eden townships; thence easterly along the boundary line 
between Eden and Brooklyn townships to the southwesterly 
boundary line of the town of San Leandro; thence northerly 
and easterly along said boundary line to the center of East 
Fourteenth street^ thence northwesterly following along the 


92 


CALIFORNIA. ELECTION LAWS. 


center line of East Fourteenth street to the center line of Moss 
avenue, in the city of Oakland; thence northeasterly along the 
center line of Moss avenue and a direct extension of said cen¬ 
ter line to the northeasterly boundary line of the city of Oak¬ 
land ; thence following the said northeasterly boundary line 
of the city of Oakland in a northwesterly direction to its inter¬ 
section with the northeasterly boundary line of the county of 
Alameda, shall constitute the thirty-fourth assembly district. 

Assembly District No. 35. All that portion of the county of 
Alameda described as follows,'to wit: Beginning at a point 
where the boundary line between Eden and Alameda town¬ 
ships intersects the westerly boundary line of the county of 
Alameda; thence in an easterly and northerly direction along 
the boundary line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence in an easterly direction 
along the boundary line between Eden and Brooklyn town¬ 
ships to the southwesterly boundary line of the town of San 
Leandro; thence northerly and easterly following the said town 
line to the center line of East Fourteenth street; thence north¬ 
westerly following the center line of East Fourteenth street 
and an extension of the same to its intersection with the line 
dividing Brooklyn and Oakland townships, said point being in 
Lake Merritt; thence southwesterly along said township line 
to its intersection with the northerly boundary line of Alameda 
township; thence westerly following along the said northerly 
boundary line of Alameda township to its intersection with the 
westerly boundary line of Alameda county; thence southeasterly 
along said county boundary line to the point of beginning, shall 
constitute the thirty-fifth assembly district. 

Assembly District No. 36. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Thirteenth avenue is intersected by 
the center line of East Fourteenth street in the city of Oak¬ 
land ; thence northwesterly along the center line of East Four¬ 
teenth street and an extension of said center line to a point 
where the same intersects the westerly boundary line of Brook¬ 
lyn township, in Lake Merritt; thence northeasterly following 
along the boundary line between Brooklyn and Oakland town¬ 
ships to the southerly boundary line of the city of Piedmont; 
thence easterly, northerly and westerly following the said bound¬ 
ary line of the city of Piedmont to the line dividing Oakland 
and Brooklyn townships; thence northeasterly along said divid¬ 
ing line between Oakland and Brooklyn townships to its inter¬ 
section with the northeasterly boundary line of the city of Oak¬ 
land ; thence southeasterly following said city boundary line 
to a point where the same would be intersected by a direct 
extension northeasterly of the center line of Moss avenue; 
thence southwesterly along said extension and along the center 
line of Moss avenue to the center line of East Fourteenth street; 
thence northwesterly along the center line of East Fourteenth 







ASSEMBLY DISTRICTS'. 


93 


street to the center line of Thirteenth avenue and the point 
of beginning, shall constitute the thirty-sixth assembly district. 

Assembly District No. 37. All of that portion of the county 
of Alameda described as follows, to wit: Beginning at a point 
where the center line of Broadway is intersected by the cen¬ 
ter line of Thirteenth street, in the city of Oakland; thence 
southeasterly along the center line of Thirteenth street and a 
direct extension of said center line to its intersection with the 
line dividing Brooklyn and Oakland townships; thence north¬ 
easterly following along the line dividing Brooklyn and Oak¬ 
land townships to a point in the southerly boundary line of 
the city of Piedmont; thence easterly, northerly and westerly, 
following the southern, eastern and northern boundary line 
of the city of Piedmont to its intersection with the eastern 
boundary line of the city of Oakland, as the same existed prior 
to the annex of 1909; thence northwesterly along the easterly 
boundary line of the city of Oakland, as the same existed prior 
to the annex of 1909, to its intersection with the center line 
of Broadway; thence southerly along the center line of Broad¬ 
way to the center line of Fifty-first or Vernon street; thence 
westerly following along the center line of Fifty-first street to 
the center line of Shattuck avenue; thence southerly along the 
center line of Shattuck avenue to the center line of Temescal 
creek; thence westerly down the center of Temescal creek to 
the center of Grove street; thence southerly along the center 
of Grove street to the center of San Pablo avenue; thence 
southerly along the center of San Pablo avenue to the center 
of Broadway; thence southerly along the center of Broadway 
to the center of Thirteenth street, and the point of beginning, 
shall constitute the thirty-seventh assembly district. 

Assembly District No. 38. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Adeline street is intersected by the 
center line of Twenty-second street in the city of Oakland; 
thence easterly along the center line of Twenty-second street 
to the center line of Grove street; thence southerly along the 
center line of Grove street to the center line of San Pablo ave¬ 
nue ; thence southerly along the center line of San Pablo ave¬ 
nue to the center line of Broadway; thence southerly along 
the center line of Broadway to the center line oi Thirteenth 
street; thence easterly along the center line of Thirteenth street 
and a direct extension of said center line to its intersection 
with the line dividing Brooklyn and Oakland townships; thence 
southerly along the line dividing Oakland and Brooklyn town¬ 
ships to the line dividing Oakland and Alameda townships; 
thence westerly along the line dividing Oakland and Alameda 
townships to a point where a direct extension of the center 
line of Adeline street would intersect the same; thence north¬ 
erly along said extension and along the center line of Adeline 
street to the point of beginning, shall constitute the thirty- 
eighth assembly district. 


CALIFORNIA ELECTION LAWS. 


<)4 


Assembly District No. 39. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Adeline street is intersected by the 
center line of Twenty-second street in the city of Oakland; 
thence easterly along the center line of Twenty-second street 
to the center line of Grove street; thence northerly along the 
center line of Grove street to the center of Temescal creek; 
thence westerly down the center of Temescal creek to the 
town of Emeryville; thence westerly and northerly following 
the boundary line of the town of Emeryville to the southerly 
boundary line of the city of Berkeley; thence westerly along 
the southerly boundary line of the city of Berkeley and a direct 
extension of same to its intersection with the westerly bound¬ 
ary line of Alameda county; thence southerly along the westerly 
boundary line of Alameda county to its intersection with the 
line dividing Oakland and Alameda townships; thence easterly 
along the line dividing Oakland and Alameda townships to a 
point where a direct extension of the center line of Adeline 
street would intersect the same; thence northerly along said 
extension and along the center line of Adeline street to the 
center line of Twenty-second street and the point of beginning, 
shall constitute the thirty-ninth assembly district. 

Assembly District No. 40. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the easterly boundary line of the town of Emeryville is 
intersected by the southerly boundary line of the city of Ber¬ 
keley ; thence southerly and easterly along the boundary line 
of the town of Emeryville to a corner thereof, the same being 
in the center of Temescal creek; thence up the center of Temes¬ 
cal creek to the center line of Shattuck avenue; thence north¬ 
erly along the center line of Shattuck avenue to the center line 
of Russell street; thence westerly along the center line of 
Russell street to the center line of Milvia street; thence north¬ 
erly along the center line of Milvia street to the center line 
of Codornices creek; thence westerly down the center line 
of Codornices creek to the easterly boundary line of the town 
of Albany; thence northerly along the easterly boundary line 
of the town of Albany to the northern boundary of the county 
of Alameda; thence westerly and southerly along the northern 
and western boundary line of the county of Alameda to a point 
where said boundary line would be intersected by a direct ex¬ 
tension westerly of the southerly boundary line ^ the city of 
Berkeley; thence easterly along said extension ana along the 
southerly boundary line of the city of Berkeley to the point 
of beginning, shall constitute the fortieth assembly district. 

Assembly District No. 41. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Shattuck avenue is intersected by the 
center line of Fifty-first street or Vernon street, in the city of 
Oakland; thence easterly along the center line of Fifty-first or 




ASSEMBLY DISTRICTS'. 


95 


Vernon street to the center line of Broadway; thence north¬ 
easterly along the center line of Broadway to its intersection 
with the northeasterly boundary line of the city of Oakland, 
as the same existed prior to the annex of 1909; thence south¬ 
easterly along said boundary line of the city of Oakland as 
the same existed prior to the annex of 1909 to its intersection 
with the northerly boundary line of the city of Piedmont; thence 
easterly following the northerly boundary line of the city of 
Piedmont to its intersection with the boundary line dividing 
Brooklyn and Oakland townships; thence northeasterly along 
the line dividing Brooklyn and Oakland townships to its inter¬ 
section with the northeasterly boundary line of Alameda county; 
thence northwesterly and westerly following along the county 
boundary line to its intersection with the easterly boundary 
line of the town of Albany; thence southerly along the easterly 
boundary line of the town of Albany to its intersection with 
the center of Codornices creek; thence easterly up the center 
of Codornices creek to its intersection with the center line of 
Milvia street; thence southerly along the center line of Milvia 
street to the center line of Russell street; thence easterly along 
the center line of Russell street to the center line of Shattuck 
avenue; thence southerly along the center line of Shattuck 
avenue to the center line of Fifty-first or Vernon street and 
the point of beginning, shall constitute the forty-first assembly 
district. 

Assembly District No. 42. The county of San Mateo shall 
constitute the forty-second assembly district. 

Assembly District No. 43. The county of Santa Cruz shall 
constitute the forty-third assembly district. 

Assembly District No. 44. All that portion of the county 
of Santa Clara not included in the forty-fifth assembly district 
shall constitute the forty-fourth assembly district. 

Assembly District No. 45. All that portion of the county 
of Santa Clara embraced within the following precincts, as 
constituted at the general election in 1910, to wit: Agnew, 
that part of Alameda precinct lying north of the center line 
of Park avenue, Alviso, Berryessa, Burbank, that part of Cran- 
dalville precinct number one lying outside of the city limits 
of the city of San Jose, as established in 1911, Cupertino. East 
San Jose number two, Fremont, Jefferson, Mayfield, Milpitas 
(numbers one and two), Mountain View (numbers one and 
two), Mount Hamilton, Orchard, Palo Alto (numbers one to 
five, inclusive), Purissima, San Jose (numbers one to twelve, 
inclusive), Santa Clara (numbers one to four, inclusive), Sara¬ 
toga, Stanford, Stockton, Sunnyvale (numbers one and two), 
and University (numbers one and two), shall constitute the 
forty-fifth assembly district. 

Assembly District No. 46. The county of Stanislaus shall 
constitute the forty-sixth assembly district. 


CALIFORNIA ELECTION LAWS. 


96 


Assembly District No. 47. The counties of Mariposa, Tuo¬ 
lumne, Mono and Inyo shall constitute the forty-seventh as¬ 
sembly district. 

Assembly District No. 48. The counties of Monterey and 
San Benito shall constitute the forty-eighth assembly district. 

Assembly District No. 49. The counties of Merced and 
Madera shall constitute the forty-ninth assembly district. 

Assembly District No. 50. All that portion of the county of 
Fresno comprising the precincts of Black Mountain, Balfour, 
Barstow, Bryant, Cantua, Central Colony, Coalinga No. 1, 
Coalinga No. 2, Coalinga No. 3, Coalinga No. 4, Coalinga No. 
5, Crescent, Chicago, Fresno Colony, Fowler, Firebaugh, 
Houghton, Huron, Iowa, Jameson, Kerman, Kingsburg, Layton, 
Laguna, Liberty, Lewis Creek, Lucern, Madison, Mendota, 
Monroe, New Hope, Oleander, Panoche, Pleasant Valley, Terry, 
Washington Colony, Wildflower, Warthan, and West Park, 
shall constitute the fiftieth assembly district. 

Assembly District No. 51. All that portion of the county of 
Fresno included in and comprising Fresno City precincts num¬ 
bered one to twenty-five, both inclusive, and the precincts of 
Hedges, Belmont, Arlington and East Fresno, shall constitute 
the fifty-first assembly district. 

Assembly District No. 52. All that portion of the county of 
Fresno not included in the fiftieth and fifty-first assembly dis¬ 
tricts, shall constitute the fifty-second assembly district. 

Assembly District No. 53. The county of San Luis Obispo 
shall constitute the fifty-third assembly district. 

Assembly District No. 54. The county of Kings shall con¬ 
stitute the fifty-fourth assembly district. 

Assembly District No. 55. The county of Tulare shall con¬ 
stitute the fifty-fifth assembly district. 

Assembly District No. 56. The county of Kern shall con¬ 
stitute the fifty-sixth assembly district. 

Assembly District No. 57. All that portion of the county of 
San Bernardino now comprised within the following town¬ 
ships, to wit: Chino, Ontario, Upland, Cucamonga, Etiwanda, 
San Bernardino, Hesperia, Oro Grande, and Barstow, shall 
constitute the fifty-seventh assembly district. 

Assembly District No. 58. All that portion of the county of 
San Bernardino not included within the fifty-seventh assem¬ 
bly district, as fixed and defined in this act, shall constitute the 
fifty-eighth assembly district. 

Assembly District No. 59. The county of Santa Barbara 
shall constitute the fifty-ninth assembly district. 

Assembly District No. 60. The county of Ventura shall con¬ 
stitute the sixtieth assembly district. 

Assembly District No. 61. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 




ASSEMBLY DISTRICTS'. 


97 


hundred ten, to wit: La Liebre, Del Sur, Lancaster, Palmdale, 
Acton, Newhall, San Fernando, Ghatsforth, Calabasas, Lanker- 
shim, La Canada, Sunland, Burbank, Glendale City, Eagle Rock, 
Annandale, Hermon, that part of Ivanhoe and of Tropico num¬ 
bers one and two not included within the city of Los Angeles, 
as the boundaries of said city existed November 1, 1911, and 
the following described portion of the city of Los Angeles: 
Beginning at the northeast corner of said city as described 
in the United States patent; thence following the exterior 
boundary line of said city as the same existed November 1, 
1911, north, northeasterly, easterly, northerly and easterly in 
a general northeasterly direction to the extreme northeastern 
corner of said city; thence along the north line of said city 
west, southwest and southerly following such exterior boundary 
line of said city to the north patent boundary thereof; thence 
along the same west to the center line of Alvarado street; 
thence along the center line of the following named streets, 
to wit: Alvarado street to Sunset boulevard, Sunset boulevard 
to Park Terrace, Park Terrace to Look Out Drive, Look Out 
Drive to Adobe street, Adobe street to Bernardo street, 
Bernardo street to North Broadway, North Broadway (cross¬ 
ing the official bed of the Los Angeles river) to Daly street, 
Daly street to Pasadena avenue, Pasadena avenue to Avenue 
Thirty-five, Avenue Thirty-five to Griffin avenue, Griffin ave¬ 
nue and its extension to the north patent boundary line of said 
city; thence east along said line to the place of beginning, shall 
constitute the sixty-first assembly district. 

Assembly District No. 62. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts of nineteen hundred ten, to wit: Redondo 
Beach City numbers one and two, Hermosa Beach City, 
Wiseburn, Inglewood City, Freeman, Del Rey, Ocean Park 
City numbers one, two and three, Moneta, Howard, Ballona, 
Cienega, Santa Monica City numbers one, two, three, four, 
five, six, seven, eight and nine, Malibu, National Military 
Home numbers one, two, three, four, five and six, Sawtelle 
City numbers one, two and three, and Sherman, shall con¬ 
stitute the sixty-second assembly district. 

Assembly District No. 63. All that portion of the county 
of Los Angeles bounded as follows: Commencing at the inter¬ 
section of the center lines of Washington and Hoover streets, 
in the city of Los Angeles; thence along the center line of the 
following named streets, to wit: Hoover street to Pico street, 
Pico street to Hoover street. Hoover street to Carondelet 
street, Carondelet street to Ninth street, Ninth street to Hoover 
street. Hoover street to Benton boulevard, Benton Boulevard 
to Sixth street. Sixth street to Hoover street, Hoover street to 
Occidental boulevard, Occidental boulevard to First street. 
First street to Occidental boulevard, Occidental boulevard to 
Sunset boulevard, Sunset boulevard to Alvarado street. 
Alvarado street to the north patent boundary of said city; 


98 


CALIFORNIA ELECTION LAWS. 


thence along the same east to the easterly line of that portion 
of Tropico precinct number two annexed to said city prior to 
November 1, 1911; thence northwesterly, westerly and south¬ 
erly, following the exterior lines of those portions of Tropico 
precincts numbers one and two, and of Ivanhoe precinct, so 
annexed to said city, to the north line of the former city of 
Hollywood, the same being a point in the present north 
boundary line of the city of Los Angeles; thence following 
the boundary line of said city of Los Angeles westerly, south¬ 
erly, westerly, southerly, westerly, southerly, easterly, south- 
ly, easterly and southerly to the center line of Washington 
street; thence east along said center line to the point of be¬ 
ginning, shall constitute the sixty-third assembly district. 

Assembly District No. 64. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Hill and Seventh streets, in the city of Los Angeles; 
thence along the center line of the following named streets, to 
wit: Hill street to Temple street, Temple street to Hill street, 
Hill street to Sunset boulevard, Sunset boulevard to Hill street, 
Hill street to Alpine street, Alpine street to Cleveland street, 
Cleveland street to College street, College street to Adobe 
street, Adobe street to Look Out Drive, Look Out Drive to 
Park Terrace, Park Terrace to Sunset boulevard, Sunset boule¬ 
vard to Occidental boulevard, Occidental boulevard to First 
street, First street to Occidental boulevard, Occidental boule¬ 
vard to Hoover street. Hoover street to Sixth street, Sixth 
street to Benton boulevard, Benton boulevard to Hoover street, 
Hoover street to Seventh street, Seventh street to Hill street, 
the point of beginning, shall constitute the sixty-fourth assem¬ 
bly district. 

Assembly District No. 65. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of the center lines of North Broadway and Daly street, 
in the city of Los Angeles; thence along the center lines of 
the following named streets, to wit: North Broadway (cross¬ 
ing the official bed of the Los Angeles river), to Bernardo 
street, Bernardo street to Adobe street, Adobe street to 
College street, College street to Cleveland street, Cleveland 
street to Alpine street, Alpine street to Hill street, Hill street 
to Sunset boulevard, Sunset boulevard to Hill street, Hill 
street to Temple street, Temple street to Hill street, Hill street 
to Fifth street, Fifth street to Central avenue avenue. Central 
avenue to Sixth street, Sixth street and its easterly extension 
to the intersection with the center line of Gless street, Gless 
street to Fifth street, Fifth street to Pecan street, Pecan 
street to First street, First street to Pleasant avenue, Pleasant 
avenue to Brooklyn avenue, Brooklyn avenue to Macy street, 
Macy street to Gallardo street, Gallardo street to Mission Road, 
Mission Road to Daly street, Daly street to North Broadway’ 
the point of beginning, shall constitute the sixty-fifth assembly 
district. 




ASSEMBLY DISTRICTS. 


99 


Assembly District No. 66. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the north¬ 
eastern corner of the city of Los Angeles, as the same is 
described in the United States patent; thence westerly along 
the northern patent boundary line of said city to the center line 
of Griffin avenue, or the northerly prolongation thereof : thence 
along the northerly prolongation of said center line and along 
the center line of the following named streets, to wit: Griffin 
avenue to Avenue 35, Avenue 35 to Pasadena avenue, Pasa¬ 
dena aveune to Daly street, Daly street to Mission Road, 
Mission Road to Gallardo street, Gallardo street to Macy street, 
Macy street to Brooklyn avenue, Brooklyn avenue to Pleasant 
avenue, Pleasant avenue to First street, First street to Pecan 
street, Pecan street to Fifth street, Fifth street to Gless street, 
Gless street to Sixth street, Sixth street and its extension west¬ 
erly, along the line of assembly district number sixty-five, as 
constituted and designated by this section, to the center line of 
the official bed of the Los Angeles river; thence southerly 
along said center line and its southerly prolongation to the 
south boundary of said city; thence east along said boundary 
line to the southeastern corner of said city; thence north along 
the east line of said city to the point of beginning, shall con¬ 
stitute the sixty-sixth assembly district. 

Assembly District No. 67. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts of nineteen hundred ten, to wit: Pasadena 
City numbers one, two, three, four, five, six, seven, eight, 
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, 
seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two 
and twenty-three, and Altadena, shall constitute the sixty- 
seventh assembly district. 

Assembly District No. 68. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Claremont City, La Verne, Lordsburg 
City, San Dimas, Pomona City numbers one, two, three, four, 
five and six, Spadra, Azusa, Azusa City, Glendora, Covina, 
Covina City, Rowland, Rivera, Los Nietos, Whittier City num¬ 
bers one, two, three, and four, and all of El Monte precinct 
except that portion thereof lying north of the westerly pro¬ 
longation of the south line of Santa Anita precinct and except 
that portion thereof lying west of the line dividing ranges 
eleven and twelve west, in township one south, San Bernardino 
base and meridian, shall constitute the sixty-eighth assembly 
district. 

Assembly District No. 69. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Monrovia City numbers one, two and 
three, Duarte, Arcadia City numbers one and two, Sierra 


CALIFORNIA ELECTION LAWS. 


100 

Madre City, Lamanda numbers one and two, Santa Anita, San 
Gabriel, Alhambra City numbers one, two and three, South 
Pasadena City numbers one, two and three, Baird, Belvidere 
numbers one and two, Montebello, Laguna, Fruitland, Vernon 
City, Huntington Park City numbers one and two, that part 
of the precincts of Miramonte and Florence lying east of the 
center line of the right of way of the Long Beach line of the 
Pacific Electric Railway Company, and that part of the pre¬ 
cinct of El Monte lying north of the westerly prolongation of 
the southerly line of Santa Anita precinct and also that part of 
said precinct of El Monte lying west of the line dividing 
ranges eleven and twelve west, in township one south, San 
Bernardino base and meridian, shall constitute the sixty-ninth 
assembly district. 

Assembly District No. 70. All that portion of the county of 
Los Angeles included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of nineteen hun¬ 
dred ten, to wit: Long Beach City numbers one, two, three, four, 
five, six, seven, eight, nine, ten, eleven, twelve, thirteen, four¬ 
teen, fifteen, sixteen, seventeen, eighteen and nineteen, Naples, 
Alamitos, Cerritos, Artesia, Norwalk, La Mirada, East Whittier, 
Downey numbers one and two, Clearwater, Willowbrook, 
Dominguez, Watts City, Compton City, and that part of 
Wilmington precinct which was annexed to the city of Long 
Beach prior to November 1, 1911, shall constitute the seven¬ 
tieth assembly district. 

Assembly District No. 71. All that portion of the county of 
Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Catalina, Lomita, Green Meadows, Gar¬ 
dena numbers one and two, all of Wilmington precinct, except 
the part which was prior to November 1, 1911, annexed to the 
city of Long Beach, that part of the precincts of Miramonte 
and Florence lying west of the center line of the right of way 
of the Long Beach line of the Pacific Electric Railway Com¬ 
pany, and Los Angeles City precincts numbers one hundred 
ninety-two, one hundred ninety-three, one hundred ninety-four, 
one hundred ninety-seven, one hundred ninety-eight, one hun¬ 
dred ninety-nine, two hundred, two hundred four, two hundred 
five, two hundred six, two hundred seven, two hundred eight, 
two hundred eleven, two hundred thirteen, two hundred eight¬ 
een, two hundred nineteen, two hundred twenty-three, two hun¬ 
dred twenty-four, two hundred twenty-five, two hundred 
twenty-six, two hundred twenty-seven, two hundred twenty- 
eight, two hundred twenty-nine and two hundred thirty, shall 
constitute the seventy-first assembly district. 

Assembly District No. 72. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Los Angeles City numbers one hundred 



ASSEMBLY DISTRICTS. 


101 


sixty-eight, one hundred sixty-nine, one hundred seventy, one 
hundred seventy-one, one hundred seventy-two, one hundred 
seventy-three, one hundred seventy-four, one hundred seventy- 
five, one hundred seventy-six, one hundred seventy-eight, one 
hundred seventy-nine, one hundred eighty, one hundred eighty- 
one, one hundred eighty-two, one hundred eighty-three, one 
hundred eighty-four, one hundred eighty-five, one hundred 
eighty-six, one hundred eighty-seven, one hundred eighty-eight, 
one hundred eighty-nine, one hundred ninety, one hundred 
ninety-one. that part of Los Angeles City precinct number one 
hundred fifty-seven lying south of the center line of Jefferson 
street, and all of Los Angeles City precinct number one hun¬ 
dred seventy-seven, except that portion thereof bounded by 
the west patent boundary line of the city of Los Angeles, the 
center line of Hoover street (formerly Kingsley street) and 
the center line of West Jefferson street, shall constitute the 
seventy-second assembly district. 

Assembly District No. 73. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Main and Washington street, in the city of Los 
Angeles; thence along the center line of the following named 
streets, to wit: Main street to Jefferson street, Jefferson street 
to Figueroa street, Figueroa street to Vernon avenue, Vernon 
avenue to McKinley avenue, or the northerly prolongation of 
McKinley avenue from the south, McKinley avenue and said 
prolongation to Fifty-first street. Fifty-first street to Central 
avenue, Central avenue to Fifty-first street. Fifty-first street 
to Hooper avenue, Hooper avenue to Fifty-first street, Fifty- 
first street and the easterly prolongation thereof to a point in 
the easterly boundary line of the city of Los Angeles., thence 
in a northerly direction along said boundary line to the 
southerly charter boundary line of the city of Los Angeles 
where the same intersects the center line of Alameda street, 
Alameda street to Twentieth street, Twentieth street to Central 
avenue. Central avenue to Washington street, Washington 
street to Main street, the point of beginning, shall constitute 
the seventy-third assembly district. 

Assembly District No. 74. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Fifth and Hill streets, in the city of Los Angeles ; 
thence along the center line of the following named streets, 
to wit: Fifth street to Central avenue, Central avenue to Sixth 
street, Sixth street and the extension thereof along the line of 
assembly district number sixty-five, as designated and consti¬ 
tuted by this section, to the center line of the official bed of 
the Los Angeles river; thence southerly along the last men¬ 
tioned line and the prolongation thereof to the south boundary 
line of the city of Los Angeles; thence westerly along said 
boundary line to the center line of Alameda street, Alameda 
street to Twentieth street, Twentieth street to Central avenue, 
Central avenue to Washington street, Washington street to 


102 


CALIFORNIA ELECTION LAWS. 


Hill stret, Hill street to Fifth street, the point of beginning, 
shall constitute the seventy-fourth assembly district. 

Assembly District No. 75. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Seventh and Hill streets, in the City of Los Angeles; 
thence along the center line of the following named streets, 
to wit: Seventh street to Hoover street, Hoover street to Ninth 
street, Ninth street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico street to 
Hoover street, Hoover street to Jefferson street, Jefferson street 
to Main street, Main street to Washington street, Washington 
street to Hill street, Hill street to Seventh street, the point of 
beginning, shall constitute the seventy-fifth assembly district. 

Assembly District No. 76. The county of Orange shall con¬ 
stitute the seventy-sixth assembly district. 

Assembly District No. 77. The county of Riverside shall 
constitute the seventy-seventh assembly district. 

Assembly District No. 78. The county of Imperial shall con¬ 
stitute the seventy-eighth assembly district. 

Assembly District No. 79. All that portion of the county of 
San Diego included within the corporate limits of the city of 
San Diego shall constitute the seventy-ninth assembly district. 

Assembly District No. 80. All that portion of the county of 
San Diego not included in the seventy-ninth assembly district 
shall constitute the eightieth assembly district. [Amendment 
approved January 2, 1912.] 












V LAKE ' 


SO LA MO '■ 


/ TUOLUMNE 


MARIP03A 


■MERCED 


INYO 


FRESNO 


TULARE 


KERN 


SAN BERNARDINO 


rA BARBARA 1 


10$ ANGELES 


RIVERSIDE 


imperial 


\ Ot u NORTE 1 


"o jr 





t z 


SISKIYOU 

I MODOC 

1 

/ h 


>( _ K _ _ 

l 

\ Q 



| 

I -i 




O 


' SHASTA ! 




1 LASSEN 

T?' 

trinity/ 








V 

N \ " ~ 

^ y v 



> TEHAMA 

y\ ^ 




y / PLUMA3 


z 

V ^ 

_ \ \ 

\ / i 


n 

T 

P 

I \ CLENN BUTTE >y 


8 

f » * * 

_ _ ' N-IYAWV 


Z 

, v ^COlliSA: <4 

*Y ' f 


{-ertitutb ef (-**/>* Gx/ —. 
A2* N 

laf of fame 


CONGRESSIONAL 

DISTRICTS 


/9s<Afn&nt/' fa 

fra*c< sco 


4-5 


/^.QnceJ^n 


33* N. _ 

C-4tt ChcrfttTbn_ S C 


fer 















103 


CONGRESSIONAL DISTRICTS. 


CONGRESSIONAL DISTRICTS 
By Counties. 


(Note, for numerical classifications see page 104.) 


Counties. 

Congres¬ 
sional Dist. 
Number. 

Alameda . 

. 6 

Alpine ... 

2 

Amador . 

. 2 

Butte 

1 

Calaveras . 

2 

Colusa 

1 

Contra Costa . 

.. 3 

De Norte . 

. 1 

El Dorado . 

. 2 

Fresno .. 

. 7 

Glenn . 

. 1 

Humboldt .. 

. 1 

Imperial . 

. 11 

Inyo . 

. 11 



Kern ... 

. 7 

Kings . 

. 7 

Lake . 

1 

Lassen . 

. 2 

Los Angeles . 

9 and 10 

Madera. 

7 

Marin . 

. 1 

Mariposa . 

. 2 

Mendocino . 

. 1 

Merced . 

.. 7 

Modoc . 

. 2 

Mono . 

. 11 

Monterev . 

. 8 

Napa . 

. 3 

Nevada .—. 

.. 2 


Counties. 

Congres¬ 
sional Dist. 
Number. 

Orange . 

. 11 

Placer . 

. 2 

Plumas .. 

. 2 

Riverside . 

. 11 

Sacramento . 

. 3 

San Benito . 

. 8 

San Bernardino ... 

. 11 

San Diego . 

. 11 

San Francisco . 

...4 and 5 

San Joaquin . 

. 3 

San Luis Obispo 

. 8 

San Mateo . 

. 8 

Santa Barbara .... 

. 8 

Santa Clara . 

. 8 

Santa Cruz . 

. 8 

Shasta . 

. 2 

Sierra . 

. 2 

Siskiyou .. 

. 2 

Solano. 

. 3 

Sonoma . 

. 1 

Stanislaus . 

. 7 

Slitter . 

_ 1 

Tehama . 

. 2 

Trinity . 

. 2 

Tulare . 

. 7 

Tuolumne . 

. 2 

Ventura . 

. 8 

Yolo . 

. 3 

Yuba . 

. 1 





























































































































104 


CALIFORNIA ELECTION LAWS. 


CHAPTER III. 


CONGRESSIONAL DISTRICTS. 


Sec. 117. Division of state into congressional districts. 
The state is divided into eleven congressional districts, which 
shall be designated and constituted as follows: 

Congressional District No. 1. The counties of Del Norte, 
Humboldt, Mendocino, Glenn, Butte, Yuba, Sutter, Marin, 
Colusa, Lake and Sonoma shall constitute the first congressional 
district. 

Congressional District No. 2. The counties of Siskiyou, 
Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Sierra, 
Nevada, Placer, El Dorado, Amador, Calaveras, Alpine, Tuol¬ 
umne and Mariposa shall constitute the second congressional 
district. 

Congressional District No. 3, The counties of Napa, Yolo, 
Sacramento, Solano, Contra Costa and San Joaquin shall con¬ 
stitute the third congressional district. 

Congressional District No. 4. All that portion of the city and 
county of San Francisco comprising the twenty-eighth, thirty- 
first, thirtieth, thirty-second, thirty-third and twenty-first assem¬ 
bly districts, as such districts are constituted by section ninety 
of this code, as amended at the extraordinary session of the 
legislature commencing November 27, 1911, shall constitute 
the fourth congressional district. 

Congressional District No. 5. All that portion of the city and 
county of San Francisco not included in the fourth congres¬ 
sional district shall constitute the fifth congressional district. 

Congressional District No. 6. The county of Alameda shall 
constitute the sixth congressional district. 

Congressional District No. 7. The counties of Stanislaus, 
Merced, Madera, Fresno, Kings, Tulare and Kern shall consti¬ 
tute the seventh congressional district. 

Congressional District No. 8. The counties of San Mateo, 
Santa Clara, Santa Cruz, San Benito, Monterey, San Luis 
Obispo, Santa Barbara and Ventura shall constitute the eighth 
congressional district. 

Congressional District No. 9. All that portion of the county 
of Los Angeles comprising the sixty-first, sixty-fifth, sixty-sixt 
sixty-seventh, sixty-eighth, sixty-ninth and seventieth assembly 
districts, as such districts are constituted by section ninety of 
this code, as amended at the extraordinary session of the legis¬ 
lature commencing November 27, 1911, shall constitute the 
ninth congressional district. 

Congressional District No. 10. All that portion of the county 
of Los Angeles not included in the ninth congressional district 
shall constitute the tenth congressional district. 





POLITICAL CODE. 


105 


Congressional District No. 11. The counties of San Ber¬ 
nardino, Orange, Riverside, San Diego, Mono, Inyo and Im¬ 
perial shall constitute the eleventh congressional district. 
[Amendment approved January 2, 1912.] 


CHAPTER II. 


ARTICLE I. 


LEGISLATIVE OFFICERS. 


Sec. 225. Number and Designation. The legislature con¬ 
sists of: 

1. Forty senators; and, 

2. Eighty members of the assembly. 

Sec. 226. Term of Office. The term of office of a senator 
is four years; of a member of the assembly, two years. 

Sec. 227. Election of Senators. At the general election in 
the year 1908, and every four years thereafter, a senator shall 
be elected in each odd-numbered senatorial district constituted 
in section 78 of this code. At the general election in the year 
1910, and every four years thereafter, a senator shall be elected {our 

in each even-numbered district constituted in section 78 of this yj&vl ° ur 
code. [Amendment approved March 19, 1907.] 

Sec. 228. Election of Assemblymen. At the general election 
in the year 1908, and every two years thereafter, a member of Every two 
the assembly shall be elected in each of the assembly districts years ' 
constituted by Section 90 of this Code. [Amendment approved 
March 19, 1907.] 

Sec. 229. Change of Precinct Boundaries. Neither Boards of 
Supervisors, municipal officers, nor any other officer or officers, 
shall have the power to alter the boundaries of any township, P°J er t0 
ward, election precinct, or other local subdivision, of any county, 
city and county, city, or town, so as to change the boundaries 
of any senatorial or assembly district as constituted and de¬ 
fined in Chapter II of Title I of Part II of this Code. [Amend¬ 
ment approved March 19, 1907.] 






106 


CALIFORNIA ELECTION LAWS. 


To issue 

Election 

proclamations. 


To certify 

names of 

persons 

receiving 

highest 

number of 

votes. 


CHAPTER III. 


ARTICLE III. 


Of The Governor. 


Sec. 380. Powers and Duties of the Governor. In addi¬ 
tion to those prescribed by the constitution the governor has 
the power and must perform the duties prescribed in this and 
the following sections: 

1. He is to supervise the official conduct of all executive 
and ministerial officers; 

2. He is to see that all offices are filled and the duties thereof 
performed, or in default thereof apply such remedy as the law 
allows; and if the remedy is imperfect, acquaint the legislature 
therewith at its next session; 

3. He is to make the appointments and supply the vacancies 
mentioned in this code; 

10. He must issue and transmit election proclamations, as 
prescribed in title two, of part three, of this code; 

13. He may require any officer or board to make special 
reports to him, upon demand, in writing; 


ARTICLE V. 


Of The Secretary of State. 


Sec. 408. In addition to the duties prescribed by the consti¬ 
tution, it is the duty of the secretary of state: 

8. To certify to the governor the names of those persons 
who have received at any election the highest number of votes 
for any office, the incumbent of which is commissioned by the 
governor. 


CHAPTER VI. 


ARTICLE I. 


Sec. 749. Clerk of the Supreme Court, Election Of. The 

clerk is elected at the same time the governor is elected, and 
holds his office for the term of four years, from and after the 
first Monday in December next succeeding his election. 











POLITICAL CODE. 


107 


ARTICLE VIII. 


Sec. 936. Salaries of Public Officers When Title Is Contested. 

When the title of the incumbent of any office in this state is 
contested by proceedings instituted in any court for that 
purpose, no warrant can thereafter be drawn or paid for any 
part of his salary until such proceedings have been finally 
determined; provided, however, that this section shall not be 
construed to apply to any party to a contest or proceedings now 
pending or hereafter instituted, who holds the certificate of 
election or commission of office and discharges the duties of ^tificat 
the office; but such party shall receive the salary of such 
office, the same as if no such contest or proceeding was pend¬ 
ing. 

(Note, contesting elections, see C. C. P. sections 1111 to 1127.) 


CHAPTER I. 


TITLE II. 


Article One Political Code. 
Time of Holding Elections. 


Sec. 1041. General Elections, When Held. There must 
be held throughout the State, on the first Tuesday after the 
first Monday of November, in the year eighteen hundred and 
eighty, and in every second year thereafter, an election, to be 
known as the general election. 

Sec. 1043. Special Elections, When Held. Special elections 
are such as are held to supply vacancies in any office, and are 
held at such times as may be designated by the proper board 
or officer. 

52 Cal. 169; 55 Cal. 617; 114 Cal. 364; 130 Cal. 94. 

Sec. 1044. Conduct of Municipal Elections. Except in the 
particulars or cases otherwise provided for in the constitution 
or laws of the state or by the provisions of a freeholder charter 
duly adopted or amended* pursuant, to the constitution of this 
state, all municipal elections, where the same are held separate 
from state elections, and all elections held under the authority 
of Section eight of. Article eleven of the constitution, to elect 
boards of freeholders, or to vote upon proposed charters, or 
upon amendments to existing charters, and all other special 
elections including all special, elections to vote upon or for or 
against any proposition or question authorized to be submitted 







108 


CALIFORNIA ELECTION LAWS. 


Rewards for 
violations. 


to a vote, shall be conducted under the provisions of sections 
1044, 1120, 1121, 1133 and 1151 of this code. [Amendment 
approved April 12, 1911.] 


ARTICLE II. 


Election Proclamations. 


Sec. 1053. For State Senators and Members of the Assem¬ 
bly, Issued by the Governor. At least thirty days before a 
general election, and whenever he orders a special election to 
fill a vacancy in the office of State Senator or member of 
Assembly, at least ten days before such special election the 
Governor must issue an election proclamation, under his hand 
and the great seal of the state, and transmit copies thereof 
to the Boards of Supervisors of the counties in which such 
elections are to be held. 

Sec. 1054. Governor’s Proclamation, What to Contain. Such 
proclamation must contain: 

1. A statement of the time of election, and of the offices to 
be filled; 

2. An offer of rewards, in the following form: “And I do 
hereby offer a reward of one hundred dollars for the arrest 
and conviction of any and every person violating any of the 
provisions of Title IV, Part I, of the Penal Code; such rewards 
to be paid until the total amount hereafter expended for the 
purpose reaches the sum of ten thousand dollars.” 

Sec. 1055. Copy to Be Published, and Posted by Supervisors. 
The Board of Supervisors, upon the receipt of such proclama¬ 
tion may, in case of general or special elections, cause a copy 
of the same to be published in some newspaper printed in the 
county, if any, and to be posted at each place of election at least 
ten days before the election, and in case of special elections to 
fill a vacancy in the office of State Senator or member of 
Assembly, the Board of Supervisors, upon receipt of such 
proclamation, may, in their discretion, cause a copy of the same 
to be published or posted as hereinbefore provided, except that 
such publication or posting need not be made for a longer 
period than five days before such election. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

53 Cal. 393; 56 Cal. 116; 91 Cal. 435. 

Sec. 1056. Proclamations for Special County Elections to Be 
Issued by Board of Supervisors. Whenever a special election 
is ordered by the Board of Supervisors, they must issue an 
election proclamation, containing the statement provided for in 
subdivision one, of section ten hundred and fifty-four, and must 
publish and post it in the same manner as proclamations issued 
by the Governor. 







POLITICAL CODE. 


109 


ARTICLE III. 


MISCELLANEOUS PROVISIONS. 


Sec. 1066. Plurality to Elect. The person receiving at 
any election a plurality of the votes polled for any office to be 
filled at such election, is elected thereto; provided, that in any 
city, county or city and county which, by its charter, prescribes 
for the election of its officers a higher proportion of votes than 
a plurality, such higher proportion of votes as may be so pre¬ 
scribed shall be necessary for such election; and provided, 
further, that in any municipality organized or incorporated 
under general laws, such higher proportion of votes than a 
plurality as may be prescribed by general law shall be neces¬ 
sary for the election of the officers of such municipality. 
[Amendment approved December 18, 1911; in effect March 
24, 1912.] 

132 Cal. 284; 143 Cal. 549; 7 Cal. App. 152. 

Sec. 1067. Proceedings on a tie vote. If at any election, 
except that for Governor or Lieutenant-Governor, two or more 
persons receive an equal and the highest number of votes, 
there is no choice, and a special election to fill such office must 
be ordered by the’ proper Board or officer. 

132 Cal. 284; 143 Cal. 546, 547, 549; 151 Cal. 452, 453. 

Sec. 1068. Proceedings on a tie vote for Governor and Lieu¬ 
tenant-Governor. In case any two or more persons have an 
equal and highest number of votes for either Governor or 
Lieutenant-Governor, the Legislature must, by a joint vote of 
both houses, choose one of the persons to fill such office. 

Sec. 1069. Electors privileged from arrest, when. Electors 
are privileged from arrest, except for an indictable offense, 
during their attendance on the election, and in going to and 
returning from the same. 

Sec. 1070. Electors exempt from militia duty, when. No 

elector is obligated to perform militia duty on the day of elec¬ 
tion, except in time of war or public danger. 

Sec. 1071. No fees for certificate of registration. No fees 
must be charged for registration or certificates thereof. 

Sec. 1072. Compensation of officers of election. Each mem¬ 
ber upon a Board of Election in any county, or city and county, 
in the State, and each clerk thereof, shall receive as compensa¬ 
tion for his services upon such Board a sum not to exceed ten 
dollars, which sum shall be paid out of the treasury of the 
county, or city and county, in which such persons act. [Amend¬ 
ment approved March 20, 1889.] 

142 Cal. 517. 


Proportion 
of votes 
necessary 
to elect. 




no 


CALIFORNIA ELECTION LAWS. 


Sec. 1072a. Election officers, unlawful to assign compensa¬ 
tion until after returns have been sealed. It shall be unlawful 

for any person serving as an election officer, or who has served 
as an election officer at an election, or who has been appointed 
to serve as an election officer at any election, to assign or in 
any manner transfer the compensation which he will receive or 
be entitled to receive, or to have allowed to him for service 
as an election officer at any precinct, to any person, persons 
or corporation, until after the full completion of the election at 
the precinct, or until after the returns of such election from the 
precinct where he served as an election officer, have been sealed 
and delivered to the county clerk or registrar of voters, or post¬ 
master or express agent, as provided by section 1264 of the 
Political Code, and it shall be unlawful for any person, persons 
or corporation, or their agent or servant, to either directly or 
indirectly receive any such assignment or transfer, or pay or 
advance any sum of money whatever, to any such election 
officer or to any person for the use of such election officer, 
until said election returns have been sealed and delivered as 
hereinbefore provided. Any person who shall violate any pro¬ 
vision of this section shall be guilty of a misdemeanor. [New 
section approved May 1, 1911.] 

Sec. 1073. Supervisors to have blanks prepared. The neces¬ 
sary printed blanks for poll-lists, tally-lists, lists of voters, oath, 
and returns, together with envelopes in which to inclose returns, 
must be furnished by the Board of Supervisors to the officers 
of each election precinct at the expense of the county. 




ARTICLE IV. 


COUNTY, CITY, AND CITY AND COUNTY BOARDS OF 
ELECTION COMMISSIONERS. 


To be 

residents of 
City and 
County for 
five years. 


Sec. 1075. Board of Election Commissioners. The Board of 
Supervisors of each county is ex officio the Board of Election 
Commissioners in and for the county, and the common council, 
or other governing body of a city, is ex officio the Board of 
Election Commissioners in and for such city; provided, that 
in any city and county of this state having four hundred 
thousand or more inhabitants as shown by the last federal 
census, the Board of Election Commissioners shall consist of 
four persons, citizens and electors of such city and county, 
each of whom must be a freeholder, and have been an actual 
resident of said city and county at least five years preceding 
his appointment, who shall be appointed by the Mayor; pro¬ 
vided, that the respective executive committees of the State 
committees of either of the political parties who may be entitled 






SUPPLEMENTAL INDEX TO 


COUNTY, CITY, CITY AND COUNTY BOARDS OF ELECTION 
COMMISSIONERS. 


QUALIFICATIONS AND DISABILITIES OF ELECTORS. 


REGISTRATION OF ELECTORS. 


QUALIFICATION FOR REGISTRATION. 


AFFIDAVIT OF REGISTRATION. 


LEGALIZATION OF REGISTRATION. 


(Page 110 to Page 130.) 

Page 

BOARDS OF ELECTION COMMISSIONERS .110 

Sec. 1075. County, City and County, and City Boards.110 

To be Residents of City and County for Five Years.110 

Apopintments, Who are entitled to ._...Ill 

Who Appointments are made by When Protest is Filed.Ill 

Appointment, When Made, Term of Office...-.Ill 

Chairman, When Chosen. Ill 

Vacancies on Board, How Filled....Ill 

Salaries . Ill 

Sec. 1076. Powers of Commissioners. To Supervise Elections.112 

Sec. 1077. Clerks and Secretaries of Boards. 112 

Not to Engage in Other Business....112 

Oath of Office. 112 

Power to Administer ...113 

Power to Appoint Clerks ...113 

Duties of Clerks...... 113 

Sec. 1078. Power of Clerks.113 

Sec. 1079. Expenditures in Respect to Elections.113 

Sec. 1080. Applications of Provisions of this Article...114 

Applications not to affect certain Statutes.114 

QUALIFICATIONS AND DISABILITIES OF ELECTORS..114 

Sec. 1083. Qualifications of Electors.114 

Qualifications, Time of Residence Required.114 

Sec. 1083a. Nominating Petitions, Qualifications for Signing.‘.114 

Sec. 1084. Persons not Entitled to Vote.115 

REGISTRATION OF ELECTORS .115 

Sec. 1094. Registration of Voters. ..115 

New Registration, When Begins.115 

When Original Registration Blanks & Indexes may be 

Used . 115 

Registration Outside of Clerk’s Office.115 

Time of Commencement and Closing of.116 

Precinct Registration .116 

Transfer of Registration, to be Entered on Registration 

Affidavit .116 

Form, When Former Registration is not Found.116 

List of Lodgers to be furnished by Landlord.117 

Sec. 1095. Registration, Entries, Provisions of Code as to Mandatory....ll7 

Names of Electors to be Entered in Duplicate.118 

Sec. 1095a. Affidavits, Blanks for, and What to Contain.118 

How Numbered .118 

Deputies to receipt for, and be Charged with Same.118 

Spoiled Affidavits of Registration.118 

Accounting for and Return of.118 

Sec. 1096. Affidavits, Contents of.119 

Entries must show What.119 

Citizenship by Marriage.119 




















































SUPPLEMENTAL INDEX 

(Page 110 to Page 130.) Page 

QUALIFICATIONS FOR REGISTRATION .120 

Sec. 1097. Registration, Rules as to Entries.120 

If a Naturalized Citizen...120 

Of Citizen by Virtue of Naturalization of Father.120 

Of Citizen by Virtue of Marriage .121 

Of Citizen Absent from Residence .121 

Showing Required . 121 

In City and County...122 

Affidavits to be Numbered.122 

Size . 122 

Type . 122 

Form of .123 

Sec. 1097a. Of Person gaining Citizenship through Father.124 

Affidavit to Contain. 124 

Sec. 1102. Duty of Clerk upon Receipt of Returns. .124 

Sec. 1103. Affidavit must be Preserved.124 

Sec. 1104. Persons not to be Registered in Different Counties at the 

Same Time .....125 

Sec. 1105. Registration, Cancellation of, How Made..125 

Sec. 1106. Registration, Cases in which Entry must be Canceled.125 

Cancellation of Registration of Insane Persons.125 

When Must be Made....125 

Of Persons Convicted of Crimes.125 

County Clerk to Examine Court Records 

once a Year.:...126 

Sec. 1106a. Cancellation, List of .126 

County Clerk to Certify Statement.126 

Sec. 1107. ' Clerk to give Certified Copy of Entries.126 

Sec. 1108. Compelling by Action where Refused Registration.126 

Persons refused may Proceed by Action.126 

Sec. 1109. Action for Compelling Cancellation...126 

to cancel Illegal Registration.126 

Sec. 1110. Action to compel Entry of Names in, Plaintiffs.126 

Sec. 1111. Action to compel Entry of Names in, Defendants.126 

Sec. 1112. Action Costs not to be recovered against the Clerk except 

in Certain Cases... 127 

Sec. 1113. Affidavit, Clerk to arrange by Precinct.127 

Binding of .:.127 

Constitute Register required to be kept.127 

Sec. 1115. Index '....127 

Index, General, Of Books of Affidavits, to be Prepared 

by Clerk . 127 

Number to be Printed.127 

Clerk to furnish Copies to Candidates.127 

Sec. 1116. Books of Affidavits.127 

Books of Affidavits to be delivered to Board of Election..127 
to Constitute Register to be used at 

Election ..127 

Sec. 1117. Affidavit, Certified Copy of, to be sufficient Evidence 

that Person is a Voter.....128 

Certified Copy of Uncanceled. 128 

Sec. 1120. Persons entitled to Vote.;...128 

Who is to be Registered to be Entitled to Vote.128 

For Special or Municipal Elections, How Made.128 

Necessity of.128 

Municipal Elections, Qualification of Voters.128 

Sec. 1121. Register used to consist of Original Affidavits.128 

Registers used at Special or Consolidated Elections.128 

Register, Duty of County Clerk. .128 

AN ACT TO LEGALIZE REGISTRATION OF VOTERS.129 

Registrations of Married Women.;.129 

Declaration of Urgency. 130 
































































POLITICAL CODE. 


Ill 


annoLeH f ^T ° f f thls ? c ‘ t0 hav * members of their party 
IhlTbZt I™" 1 '! 6 ,’' 3 ° f * aid Board of Election Commissioners, 

to fiV h vwt n fr h ’ WUhln t6n dayS after such appointment, 
to file with the Mayor a written protest against the appoint¬ 
ment of a member of said Board of Election Commissioners, 
as having been appointed as one of affiliation with said party, 
on the grounds that said appointee is not a person of well- 
known affiliation and standing with said party from which he 
has been appointed; and the Mayor thereupon shall make an¬ 
other appointment in the place of the party against whom the 

P u°n eS u has ,. b ? 1 en filed - The members of said commission 
shall be ineligible to any other office or public employment 
elective or appointive, during the term for which they have 
been appointed and for one year thereafter. Two of the per¬ 
sons so appointed shall be selected from the body of citizens 
and electors of such city and county, of known affiliation with 
and belonging to the political party or organization which at 
the last presidential election held in such city and county, 
polled within said city and county, the highest number of votes 
cast for the candidates of the political party for presidential 
electors at such election; and the two remaining members of 
said board shall be selected from the body of electors of such 
city and county, of known affiliation with and belonging to the 
political party which, at the last presidential election held at 
such city and county, polled within such city and county, the 
next highest number of votes cast for the candidates for presi¬ 
dential electors of a political party. 

The members of said commission shall, every two years, 

choose one of their number as chairman; in the event of their 
failure to select a chairman in five ballots, the oldest of said 
members in point of years shall be chairman. 

The persons first appointed as such Board of Election Com¬ 
missioners shall be appointed on the first Monday of July, 

eighteen hundred and ninety-five, and shall each hold their 
office for the term of four years from and after the date of their 
appointment, except that of those first appointed, two (one be¬ 
longing to each political party or organization as aforesaid), 
to be designated by the Mayor, shall retire at the end of two 
years, when their successors shall be appointed by the Mayor. 

Whenever any vacancy shall occur in the said board, such 
vacancy shall be filled by appointment as herein prescribed, 
and the persons so appointed to fill such vacancy shall be 

selected in the same manner and from the same political party 

or organization with which his predecessor in office affiliated 
and belonged at the time of his appointment thereto, and shall 
hold office for the balance of the unexpired term to which he 
was appointed. 

The salary of each member of the Board of Election Com¬ 
missioners in and for a city and county, having four hundred 
thousand or more inhabitants as shown by the last federal cen- 


Who ap¬ 
pointments 
are made by 
when protest 
is filed. 


Appoint¬ 
ments, who 
are 

entitled to. 


Chairman, 
when chosen. 


When ap¬ 
pointment 
is made and 
term of 
office. 


Vacancies 
on Board, 
how filled. 


Salaries. 


J12 


CALIFORNIA ELECTION LAWS. 


To supervise 
elections. 


Clerk not to 
engage in 
other 
business. 


Oath of 
office. 


sus shall be seven hundred and fifty dollars per annum, payable 
in equal monthly installments, out of the treasury of such city 
and county, in the same manner as the salaries of other officers 
of said city and county, are paid. [Amendment approved April 
7, 1911; in effect immediately.] 

Ill Cal. 99, 100; 143 Cal. 471. 

Sec. 1076. Powers of Commissioners. The Board of Elec¬ 
tion Commissioners, as provided for in this article, shall, within 
their respective counties, cities, or cities and counties, be in¬ 
vested with and shall exercise all the powers conferred, and 
shall discharge and perform all the duties imposed by this code 
or by any law of this state, upon Boards of Supervisors of the 
several counties, or upon the common council or other gov¬ 
erning body of cities, or upon any other board or body, in 
respect to the conduct, control, management, and supervision 
of elections, and all matters pertaining to elections held within 
the respective counties, cities, or cities and counties, as the 
same are now or may be hereafter prescribed by law. 

Sec. 1077. Clerk of Board of Election Commissioners. The 

County Clerk is ex officio clerk of the Board of Election Com¬ 
missioners of the county, and the clerk or secretary of the 
common council or other governing body of a city is ex officio 
the clerk and secretary of the Board of Election Commissioners 
of the city; provided, that in cities and counties of this state 
having four hundred thousand or more inhabitants, the Board 
of Election Commissioners shall appoint a suitable person, not 
one of their own number, to act as secretary at a salary not to 
exceed two hundred and fifty dollars per month, payable in 
the same manner as the salaries of the commissioners are paid. 
Such secretary shall hold his office during the pleasure of the 
said board. 

The secretary of the Board of Election Commissioners shall 
not, during the term of his office, engage in any other calling 
or trade, or profession or employment, and shall be ineligible 
to be a candidate or delegate to any convention which shall 
nominate candidates for office, and he shall be ineligible to 
be voted for for any office while acting as such secretary; and 
if these provisions of the law are not obeyed, it shall be the 
duty of the Board of Election Commissioners forthwith to de¬ 
clare his place vacated, and the vacancy shall be filled in the 
same manner and terms as provided for in the original appoint¬ 
ment. 

Each member of the Board of Election Commissioners, and 
the secretary elected by said Board of Election Commissioners, 
shall, within fifteen days after receiving notice of their ap¬ 
pointment, take the usual oath of office before any judge of 
the superior court of said city and county, and said oaths of 
office shall be filed with the County Clerk of said city and 
county. 



POLITICAL CODE. 


113 


The Board of Election Commissioners shall have the power Se?ks, ie pow n er 
to appoint all deputies, and such clerks as may be necessary, of appointing, 
and to fix their salaries at the time of their employment. All 
deputies and clerks thus appointed shall be equally divided 
between the representatives of the political parties that polled 
the highest and the next to the highest number of votes at the 
preceding presidential election. The salaries of all deputies and 
clerks that may be appointed by said Board of Election Com¬ 
missioners shall be payable in equal monthly installments out 
of the treasury of said city and county, in the same manner 
as the salaries of other officers of such city and county, are 
paid. 

The members of the Board of Election Commissioners, the administer 
secretary of the Board of Election Commissioners, all deputies oaths - 
and clerks appointed by the Board of Election Commissioners, 
and all election officers, shall have the power to administer 
oaths; and any false oaths taken before them, or either of 
them, shall be deemed to be perjury, and the person so con¬ 
victed thereof shall be punished according to law. [Amend¬ 
ment approved April 7, 1911; in effect immediately.] 

143 Cal. 471. 


Sec. 1078. Duties of Clerks. The County Clerk of each 
county, and the clerk or secretary of the common council .of 
a city, shall, within their respective counties or cities, exercise 
all the powers conferred, and shall discharge and perform all 
the duties imposed by this code, or by any law of this state, 
upon such officers in respect to the conduct,. management, 
and supervision of elections, and matters pertaining to elec¬ 
tions, held within the respective counties or cities, as the same 
are now or may be hereafter prescribed by law; 

Provided, that in any city and county having four hundred 
thousand or more inhabitants, the secretary of the Board of 
Election Commissioners, under the direction of the Board of 
Election Commissioners, shall exercise all the powers con¬ 
ferred and shall discharge and perform all the duties imposed 
by this code, or by any law of this state, upon the County 
Clerk or any other officer in such cities and counties, in re¬ 
spect to the conduct and supervision of matters relating to 
elections held within such cities and counties, as the same are 
now or may be hereafter prescribed by law. [Amendment ap¬ 
proved April 7, 1911; in effect immediately.] 

143 Cal. 471. 

Sec. 1079. Expenditures in respect to elections. Whenever 
the clerk, secretary or any other officer of a county, city, or 
city and county, is charged with the performance of any 
official duty, in respect to elections, which involves the ex¬ 
penditure of public moneys, such expenditures shall be subject 
to the control and supervision of the Board of Election Com¬ 
missioners: and when any printing or other service is to be 
performed, or materials are to be furnished, the amount of 


In cities 
and counties 
having 
population 
of 400,000. 


114 


CALIFORNIA ELECTION LAWS. 


Time of 
residence 
required. 


which is the aggregate shall exceed the value of five hundred 
dollars, it shall be the duty of the Board of Election Commis¬ 
sioners to invite proposals for the work, or the furnishing of 
the materials, and to let the contract for the same to the low¬ 
est responsible bidder therefor, in the same manner and upon 
the same conditions as is required in the letting of contracts 
for doing other and similar work or furnishing other and similar 
materials, for county, city, or city and county purposes; pro- s 
vided, that no such proposal or bid shall be required for the 
contract to print ballots or the printed index of the precinct 
registers, or the tally lists, if, in the judgment of the County 
Clerk or Registrar of Voters, the time within which such 
ballots or index must be had does not reasonably admit of such 
proposal and bid, or where an emergency requires the im¬ 
mediate performance of a duty relating to the management or 
conduct of an election and delay in the performance of such 
duty might imperil the holding of the election at the time and 
in the manner provided by law. [Amendment approved April 
12, 1911.] 

Sec. 1080. Applications of provisions of this article. Noth¬ 
ing contained in this article affects any of the provisions of 
this code, or of any statute of this state, touching the registra¬ 
tion and qualification of voters and the method of calling, hold¬ 
ing, and conducting elections, in force in any county, city, or i 
city and county; but such provisions and statutes are recognized 
as continuing in force, except so far as they are inconsistent 
with the provisions of this article upon the subject to which 
this article relates. 


CHAPTER II. 


QUALIFICATIONS AND DISABILITIES OF ELECTORS. 


Sec. 1083. Qualifications of electors. Every native citizen ! 
of the United States, every person who shall have acquired 1 
the rights of citizenship under or by virtue of the treaty of 
Queretaro, and every naturalized citizen thereof, who shall 
have become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been a resident of the I 
state one year next preceding the election, and of the county ; 
in which he or she claims his or her vote ninety days, and in I 
the election precinct thirty days, and who has conformed \ 
to the law governing the registration of voters, shall be 
a qualified elector at any and all elections held within the 
county, city and county, city, town, or district within which 
such elector resides. [Amendment approved May 22, 1913.] 

Sec. 1083a. Nominating petitions, qualifications for signing. 
Wherever, by the constitution or laws of this state, any 







REGISTRATION OF ELECTORS. 


115 


initiative, referendum, recall or nomination petition is re¬ 
quired to be signed by qualified electors, only an elector who 
is a registered qualified elector at the time he signs such 
petition, shall be entitled to sign the same. [New Sec. ap¬ 
proved May 23, 1913.] 

Sec. 1084. Persons not entitled to vote. No native of 
China, no idiot, insane person, or person convicted of any in¬ 
famous crime, and no person hereafter convicted of the em¬ 
bezzlement or misappropriation of public money, shall ever 
exercise the privileges of an elector. 

91 Cal. 467. 


CHAPTER III. 


REGISTRATION OF ELECTORS. 

[Amendment approved June 16, 1913.] 

Sec. 1094. Registration of voters. There shall be, in each 
even-numbered year, to continue for two years, except as 
hereinafter provided in each county and city and county of the 
state, a new and complete registration of the voters of such 
county or city and county, who are entitled thereto. Such 
registration shall begin on the first day of January of such 
years, and shall be in progress at all times except during the 
thirty days immediately preceding any election, when it shall 
cease for such election as to electors residing in the terri¬ 
tory within which such election is to be held; and transfers 
of registration for such election may be made from one 
precinct to another precinct in the same county or city and 
county at any time when such registration shall be in progress 
in the precinct to which the elector seeks to transfer; provided, 
that where any general or special municipal election, or any 
other special election, is held between the first day in January 
and the first day of April of the year in which such a new 
registration is had, the original affidavit of registration and 
indexes used in the last general state election in any county 
or city and county in this state may be used, together with 
the original affidavit of registration since the last election, 
and supplemental indexes, showing all additional registration, 
changes and corrections made since the registration for the 
last general election, completed to and including the thirtieth 
day prior to said general or special municipal election or other 
special election, which shall be the last day on which any 
person may register or transfer registration so as to entitle 
said person to a vote at such election. The board having 
charge and control of elections in each county or city and 
county, may provide by resolution, for the registration of 


New 

registration, 
when begins. 


When 
original 
registration 
blanks and 
indexes may 
be used. 


Registration 
outside of 
clerk’s office. 





116 


CALIFORNIA ELECTION LAWS. 


September 
primary, 
opening and 
closing of 
registration 
places. 


Transfer of 
registration, 
to be 
entered on 
registration 
affidavit. 


Form, 

when former 
registration 
is not found. 


voters in their respective precincts, by the officer charged 
with the registration of voters, and may also provide by reso¬ 
lution for the registration of voters at specified times and 
places, other than the office of the County Clerk or Registrar 
of Voters, deemed most convenient to large numbers of voters, 
without reference to respective or particular precincts, in such a 
manner that the affidavits of registration as provided by law 
may be taken at such time and place, of any voter within the 
county who is entitled to register therein; provided, however, 
that in any city and county where the registration at the last 
preceding presidential election exceeded eighty-five thousand, 
no registration outside of the main office of the officer charged 
with the registration of voters shall be had except that which 
is without reference to particular precincts as last specified 
herein; and provided, further, that in any such city and county 
such registration without regard to particular precincts out¬ 
side of the main office of the officer charged with the registra¬ 
tion of voters, must be had in at least one place in each assem¬ 
bly district in such city and county for a period of [not less 

than five] days, exclusive of Sundays, next immediately pre¬ 
ceding the close of registration for the September primary 
election provided for by state law, and said registration places 
shall be and remain open at least from ten o’clock a. m. to 
ten o’clock p. m. of each of said days; provided, further, that 
any registration which may be made at the main office for 
registration in any such city and county may be made in any 

of the places provided for registration in the assembly dis¬ 

tricts therein; and provided, further, that such other places 
of general registration, in addition to and other than those 
above specified, shall be provided in any such city and county 
as may be necessary for the proper and full registration of 
the voters thereof and such places of registration shall be pro¬ 
vided at such times, for such length of time, and in such places 
as the board having control of registration in any such city 
and county may provide. Affidavits of registration to be used 
for the purpose of transferring the registration from one pre¬ 
cinct to another in any such city and county, shall have 
printed upon the margin thereof the following words and 
matter: “Transfer of registration from last former precinct 
in this city and county. Such last former registration gave my 

residence at .,” (inserting the place of residence 

stated in such last former precinct registration in said city and 
county), and the person so making an affidavit for the purpose 
of transferring his precinct registration, shall be required as a 
part of such affidavit to state the place of residence so given 
by him in such last former registration in said city and county, 
and if such last former registration of such person from the 
residence so specified is not found at the main office of 
registration, then and in that event, if such last affidavit of 
registration for the purpose of transfer was not made at such 
main office, such voter may be cited by the officer or board 




REGISTRATION OF ELECTORS. 


117 


charged with the registration of voters, by written or printed 
notice mailed in a sealed envelope, with proper postage thereon, 
addressed to the last place of residence of such person, as 
given in said affidavit of registration for the purpose of trans¬ 
fer, citing such person to appear at the main office of regis¬ 
tration, not later than ten days from the time of mailing such 
citation (specifying the last day for such appearance), to 
correct or correctly state his former place of residence in said 
city and county at the date of his last prior registration, and 
that unless he or she so appear and make such statement in 
such manner that his or her said last former precinct regis¬ 
tration before the making of said affidavit for the purpose 
of said transfer, may be found that his or her said affidavit 
and application for such transfer of registration will be can 
celed. Unless such person shall appear at such main office 
according to the requirements of such citation and make such 
statement as will enable his or her said last former place of 
residence and precinct registration, prior to said affidavit and 
application for transfer of registration in such city and county, 
to be found, his or her said last affidavit and application for 
transfer of registration shall be canceled. Upon the written re¬ 
quest of the officer charged with the registration of voters, 
which request said officer shall make upon petition from any 
ten electors of the county, such petition to specify the 
premises from which lists are desired, every landlord or 
keeper of premises where lodgers abide, shall furnish said 
officer a list of all lodgers occupying rooms, or sleeping apart¬ 
ments, or beds in the premises under his or her or its control. 
Such lists shall be furnished upon blanks provided by said 
officer. Any landlord or keeper of premises where lodgers 
abide, who neglects or refuses to comply promptly with the 
provisions of this section or who furnishes a false list of such 
lodgers, shall be guilty of a misdemeanor. All lists so returned 
shall be kept on file in the office of the officer receiving same, 
open to public inspection. It shall be the duty of said officer 
to compile a list of such persons, if there are any, who are 
registered as residing in any of these premises and whose 
names are not returned in the lists furnished by the landlord 
or keeper thereof. At least three days before the date of the 
next succeeding election, in any precinct where such premises 
are located, said officer shall send by registered mail to the 
inspector of election in said precinct a certified copy of the 
list he has thus prepared, with instructions to challenge the 
vote of each and all such persons if offered at the election, 
under Subdivision 5 of Section 1230 of the Political Code. 

Sec. 1095. Affidavit of registration. In the affidavits of 
registration the Clerk must, as hereinafter provided, enter in 
duplicate the names of the qualified electors of.the county, and 
the provisions *of section one thousand and ninety-six of this 
Code are hereby declared to be mandatory. Any officer charged 
with the registration of voters who neglects or refuses to make 


Notice mailed 
in sealed 
envelope. 


When 

registration 
and affidavit 
for transfer 
may be 
canceled. 


List of 
lodgers to be 
furnished 
by landlord. 


Lists to be 
kept on file. 


Certified 
copies to be 
mailed to 
inspector of 
election. 


118 


CALIFORNIA ELECTION LAWS. 


Names of 
electors to 
be entered in 
duplicate. 


Description of. 


How 

numbered. 


Deputies to 
receipt for, 
and be 
charged 
with same. 


Spoiled 
affidavits of 
registration. 


Accounting 
for blanks 
at close of 
registration. 


all the entries provided for in section one thousand and ninety- 
six of the Political Code, or neglects or refuses to take the 
oath of the voter applying to him for registration in respect 
to the same, shall, upon conviction, be deemed guilty of a mis¬ 
demeanor for each and every such omission. [Amendment 
approved April 12, 1911.] 

145 . Cal. 324, 342. 

Sec. 1095a. Affidavits. The clerk, or other person charged 

with the registration of voters, must provide blank forms for 
the affidavits of registration, which forms shall be bound to¬ 
gether in books or pads of one hundred sheets each, and con¬ 
sist of originals and duplicates. Each original shall be at¬ 
tached to a stub by a perforated line, and each original and 
duplicate shall bear a distinctive number, which shall be in 
addition to the registration number of the voter. Said num¬ 
ber shall appear on the original and duplicate sheets, and 
also on the stub to which they are attached, and the number¬ 
ing shall begin with 1 and continue in a sequence until all of 
the blanks provided shall be numbered. The numbering shall 
begin anew with each registration. The stubs shall contain a 
line for the name, and spaces for the address and precinct of 
the person registered. Each deputy clerk, deputy registrar, or 
registration clerk shall receipt to the clerk or registrar for all 
books or pads issued to him, specifying the numbers of the 
affidavits received by him, and he shall be charged with the 
same until he returns and files the same. When an elector is 

registered, his name, address, and precinct shall be noted on 

the stub attached to the original, and if for any cause the 

affidavit is spoiled in the course of making it out, or a mistake 

therein is made, the same must not be removed from the pad, 
or book, but the name of the elector for whom it was in¬ 
tended, with his address and precinct must be entered on the 
stub, as in other cases, and in stubs and affidavits each marked 
with the word “Spoiled” in red ink. When the registration for 
any election is closed, all deputies or registration clerks must, 
immediately thereafter, return all affidavits of registration, 
and all books or pads in their possession containing stubs, 
sooiled. or unused affidavit blanks: and within ten days after the 
close of such registration the clerk, or registrar of voters must 
report to the district attorney of the county, or city and 
county, under oath, the names of his deputies, if any, who 
have not complied with the provisions of this section; and it 
shall be the duty of the district attorney to forthwith begin 
a criminal prosecution against such deputies or registration 
clerks as shall not have complied with the provisions of this 
section. Any deputy, or person having charge of affidavits of 
registration, who shall wilfully, or by gross carelessness, 
neglect, fail, or refuse to comply with the provisions of this 
section shall be guilty of a misdemeanor. [New section ap¬ 
proved January 22, 1912; in effect March 24, 1912.] 




REGISTRATION OF ELECTORS. 


119 


Sec. 1096. Affidavit of registration, what it must show. 

(Amendment approved June 14, 1913.) The affiant making the 
affidavit of registration must be a citizen of the United States 
at least ninety days prior to the next succeeding election, and 
be at least twenty-one years of age at the time of such election, 
and may state in such affidavit the name of any political party 
or organization with which he intends to affiliate at the ensu¬ 
ing primary election, whether or not such party or organization 
is a party or organization qualified, at the time of such regis¬ 
tration, to participate in such primary election according to 
the provisions of the direct primary law. Such affidavit must 
also show: 

1. The name at length, including Christian or given name, 
and middle name, or initial, if any, said Christian or given 
name, if the name of a woman, to be preceded by the designa¬ 
tion of Miss or Mrs., as the case may be. 

2. The sex. 

3. The occupation. 

4. The height. 

5. The country or state of nativity. 

6. The place of residence of the elector (giving ward and 
precinct) ; and in municipal corporations, by specifying the 
name of the street, avenue, or other location of the dwelling of 
such elector, with the number of such dwelling, if the same has 
a number, and if not, then with such description of the place 
that it can be readily ascertained and identified. If the elector 
be not the proprietor or head of the house, or the wife or hus¬ 
band of such proprietor, then it must show that fact, and upon 
what floor thereof, and what room such elector occupies in 
such house. 

7. If naturalized, the place of naturalization. 

8. If the elector has acquired citizenship by marriage, the 
date of year and place of such marriage, and the name of the 
person to whom married. 

9. The date of entry of each person. 

10. The postoffice address. 

11. The fact whether or not the elector desiring to be reg¬ 
istered is able to read the Constitution in the English language 
and to write his name, and whether or not the elector has any 
physical disability, by reason of which he can not mark his 
ballot; and if he can not mark his ballot by reason of physical 
disabilitv, then the nature of such disability must be entered. 


Information 
that must 
be given. 


Place of 
Naturaliza¬ 
tion. 

Citizenship 
by marriage. 


120 


CALIFORNIA ELECTION LAWS. 


If a nat¬ 
uralized 
citizen. 


Lost 

certificates. 


Citizen by 
virtue of 
naturaliza¬ 
tion of father. 


QUALIFICATIONS FOR REGISTRATION. 

(Approved June 14, 1913. In effect August 10, 1913.) 


Sec. 1097. (Approved June 14, 1913. In effect August 10, 
1913.) No person’s name must be entered by the officer 
charged with the registration of voters unless: 

1. Upon the production and filing of a certified copy of the 
judgment of the Superior Court directing such entry to be 
made. 

2. If a naturalized citizen, upon the production of his 
certificate of naturalization, which certificate must be issued 
ninety days prior to the succeeding election, or upon his affi¬ 
davit that it is lost or out of his possession, which affidavit 
must state the place of his nativity, and date or year and place 
of his naturalization, together with his affidavit that he has 
resided in the United States for five years next preceding the 
time of application, and that he will have resided in the state one 
year, and in the county or city and county ninety days, and 
in the precinct thirty days next preceding the next ensuing 
election, and that he is or will be an elector of the county 
or city and county at the next succeeding election; provided, 
however, if such naturalized citizen shall have been previously 
registered as a qualified elector of any of the counties or 
cities and counties of this state, and shall produce a certificate 
of such registration, issued by the party authorized by law to 
issue such certificate, which shall recite the date or year and 
place of naturalization of such elector, such certificate shall be 
prima facie evidence of his naturalization. In the event that 
such naturalized citizen shall state in his affidavit that he was 
naturalized in the county or city and county in which he seeks 
to register, or in the event that he was previously registered 
within the preceding eight years within the county or city and 
county in which he seeks to register, and his certificate of 
naturalization has not been revoked, or that she has not since 
gaining citizenship lost her citizenship, such citizen shall not 
be required to produce his or her certificate of naturalization, 
or of marriage, nor to make such affidavit of lost certificate in 
lieu thereof; provided, however, that in any county or city 
and county, where the affidavits of registration have been 
destroyed by fire or conflagration, or other public calamity, 
the above stated provisions as to previous registration within 
the preceding eight years shall in such county or city and 
county, apply only for such number of years past as there shall 
exist a record of previous registration, and not to exceed in 
any event said eight years. 

3. If a citizen by virtue of the naturalization of his father, 
upon his affidavit that he became a citizen of the United States 
by virtue of such naturalization of his father, which naturali¬ 
zation took place during his minority and that he began to 





REGISTRATION OF ELECTORS. 


121 


By marriage. 


reside permanently in the United States while such minor 
child, and that he is or would be an elector of the county or 
city and county at the next ensuing election. 

4. If a citizen by virtue of marriage, her name shall be 
entered when it also appears from such affidavit that the affiant 
on a date or year and at a place therein mentioned, married 
a citizen of the United States, naming him, or a person, naming 
him, who became a citizen of the United States by naturaliza¬ 
tion. 

5. In all other cases, upon the affidavit of the party that he 
is or will be an elector of the county at the next succeeding 
election. Such affidavit must be made before the county clerk 
or officer charged with the registration of voters, or their 
deputy or registration clerk. If an elector is absent from 
the county in which he claims residence, he may appear before 
any judge or clerk of any court of record, or notary public, or 

if in a foreign country, before any minister, consul, or vice- ^ h ®J se n° t ter 
consul of the United States, and may make and subscribe an *™™ ence 
affidavit as to his residence, specifying in what ward or pre- resl ence ' 
cinct he claims residence; that he will be necessarily and 
unavoidably absent from said county or city and county, on all 
the days allowed by law for general registration of electors, and 
setting forth in such affidavit each and all the matters required 
by sections one thousand and ninety-six and one thousand and 
ninety-seven of the Political Code of the State of California, 
and forward such affidavit, duly authenticated as above, by 
mail, enclosed in an envelope, addressed to the county clerk of 
any county, or the registrar of voters in any county or city and 
county in which he claims to be an elector. Upon receipt of 
such affidavit by such clerk or registrar of voters within the 
time allowed by law for registration, the said affidavit shall be 
entered and bound by the clerk in the proper register in such 
precinct. 

6. Whenever any elector, between the time of her last regis¬ 
tration and the time for the closing of registration for any 
given election in the same county or city and county, shall have 
lawfuly changed her surname by a change or assumption of 
marital relations, she shall be entitled to re-register under her 
new or changed name, upon an additional statement made at 
the time of such re-registration, giving the name under which 
she was so last registered in said county or city and county, 
and the residence given and contained in said last affidavit of 
registration, which additional statement shall be printed .or 
written upon the margin of such affidavit of re-registration 
before the said affidavit is signed, and shall be deemed a part 
thereof. Upon such re-registration the last previous registra¬ 
tion of such elector shall be canceled. 

i 11 Affidavit 

7. In every case the affidavit of the party must show all tne ^ show 
facts required to be stated. The clerk or registrar of voters facts> 
may cause to be written or printed upon the margin ot the 


Change of 
name by 
marriage. 


22 


CALIFORNIA ELECTION LAWS. 


In city and 
county. 


Words 
inserted in 
affidavit not 
applicable. 


Affidavits 
to be 
numbered. 


Size. 


Type. 


affidavit, in addition to any matter hereinafter provided for, 
all such words as are deemed necessary or convenient for the 
purpose of designating the precinct, district or political sub¬ 
division for which such affidavit is taken, or deemed necessary 
or convenient to indicate any removal or transfer of registra¬ 
tion, and also any data or memorandum deemed necessary or 
convenient to indicate the number of the ballot voted by an 
elector as provided by Section 1204 of the Political Code, or 
any other reasonable memoranda deemed necessary or con¬ 
venient for the purpose of enabling such clerk or registrar of 
voters to perform his duties in the assorting or classification or 
handling of such affidavits with correctness and despatch. 
Wherever in the following form of affidavit the word “county” 
is inserted, if the affidavit is for use in a city and county, such 
last mentioned words may be printed or written in lieu of said 
word “county.” In connection with the place of residence the 
affidavit may have printed either the word “precinct,” or the 
word “street,” or the word “avenue,” or any or all of such 
words as the clerk or registrar of voters shall deem will be 
most convenient in practical use for the territory in which 
such affidavits are to be used. In designating the residence of 
the voter or the post office address it shall not be necessary in 
either case to repeat the county or city and county or state 
where the name of said county or city and county or state 
previously appear. The words printed in the body of the 
affidavit, which by reason of statements of the voter are not 
applicable to such registration, shall not be deemed a portion 
of such affidavit of registration. The lines to indicate the 
separation between the margin of the affidavit of registration 
and the said margin shall be at the top and on the right side 
of such affidavit, and may be double or single lines in the 
discretion of the clerk or registrar of voters of the county 
or city and county or territory for which the affidavit is to be 
used. The affidavit shall be printed in horizontal lines, 
Wherever any blank space is left in any line for the entry 
of any matter the lines shall not be less than one-third of an 
inch apart vertically. Commencing with the first statement 
of the affidavit proper each statement shall be numbered imme¬ 
diately at the left of such statement in a numerical sequence, 
the first statement commencing with No. 1, and so on to the 
end, but the jurat and space for the signature of the voter 
need not be numbered. The horizontal width of the affidavit, 
separate from any and all margin, shall not be less than seven 
and one-half inches, and the margin upon all sides and at top 
and bottom shall be of such width as may be determined by 
the clerk or registrar of voters. The words “Affidavit of Reg¬ 
istration” shall be not less than twenty-four point blackface 
tvpe. Pen and ink or indelible pencil must be used in making 
the portions of the affidavit which are not printed. The matter 
in the body of the affidavit, where the size of type is not other¬ 
wise specified, shall be not less than ten point plain faced type, 



REGISTRATION OF ELECTORS. 


123 


save that words inserted in parentheses, which are for the 
information or instruction of the deputies or registration clerks, 
may be in smaller type, at the discretion of the county clerk or 
registrar of voters. Subject to the foregoing provisions the 
body of said affidavit shall be substantially in the following 
form: 


AFFIDAVIT OF REGISTRATION. 

STATE OF CALIFORNIA, 

County of (Insert County or City and County)—ss. 

The undersigned affiant, being duly sworn, says: I am or 
will be a citizen of the United States at least ninety days prior 
to the next succeeding election, and will be at least twenty-one 
years of age at the time of said next succeeding election. 

1 My full name is. 

(Including Christian or given name, and middle name or initial, 
if any, said Christian or given name, if the name of a 
woman, to be preceded by the designation of 
Miss or Mrs., as the case may be.) 

2 Sex... and Occupation. 

3 My height is.feet, .inches. 

4 My country or state of nativity is. 

5 My place of residence is. 

Precinct. Street 

6 between.Streets,.Floor. Room. 

7 I am..the proprietor or head of the house, or 

the wife or husband of such proprietor. 

8 My post office address is.... 

9 I intend to affiliate at the ensuing primary election with 

the.......-. Party. 

10 (Naturalized by court.) Date.Place 

(City or Town).State of. 

Such certificate of naturalization was issued ninety days prior 
to the next succeeding election. 

11 Said certificate of naturalization is....lost or out of 

my possession. It has not been revoked. 

12 (Naturalized by father’s naturalization.) I became a citi¬ 
zen by virtue of the naturalization of my father, which took 
place during my minority, and I began to reside permanently 
in the L T nited States while such minor child. 

13 (Naturalized by marriage.) I became a citizen by virtue 
of my marriage to a citizen of the United States, or a person 
who became a citizen of the United States by naturalization, 
and my citizenship has not been lost. 

Date of said marriage.Name of husband. 

14 I am not registered in any other county in this state. 


Form. 























124 


CALIFORNIA ELECTION LAWS. 


Affidavit 
to contain. 


15 I am.able to read the constitution in the Eng¬ 

lish language. 


16 I am.able to write my name. 

17 I was.more than sixty years of age November 

6, 1894. (To be answered in case either 15 or 16 is answered 
negatively.) 

18 I can.mark my ballot, by reason of physical 


disability, viz.,. 

(If first blank is filled out by word “not,” state nature of dis¬ 
ability in second blank.) 


19 I have resided in the United States five years next pre¬ 
ceding the time of application and will have resided in this 
state one year, and in said county ninety days, and in said 
precinct thirty days next preceding the next ensuing election, 
and will be an elector of said county at the next succeeding 
election. 

Subscribed and sworn to before me this. 

day of.191_ 


(Applicant sign here) 

., County Clerk (or Registrar of Voters). 

., Deputy Clerk (or Deputy Registrar of Voters), 

Sec. 1097a. Registration of person gaining citizenship through 
father. (New section, approved May 20, 1913.) The affidavit 
of registration of any person who is a citizen of the United 
States by virtue of his father being a citizen thereof at the 
time of his birth shall, in lieu of the statements regarding 
naturalization required by the provisions of sections one 
thousand and ninety-six and one thousand and ninety- 
seven of the Political Code, contain the following state¬ 
ment, to wit: I am a citizen of the United States by virtue of 
my father being a citizen thereof at the time of my birth, and 
my father has resided in the United States. Said affidavit of 
registration shall also contain the statement that said person 
is or would be an elector of the county, or city and county, at 
the next ensuing election, and shall also contain all the other 
statements required by said sections one thousand ninety-six 
and one thousand and ninety-seven of the Political Code, 
excepting those regarding naturalization. The name of such 
persons must thereupon be entered by the officer charged with 
the registration of voters. 

Sec. 1102. Duty of clerk upon receipt of returns. Upon the 
receipt of such returns, the Clerk must at once enter upon the 
Great Register the names contained and the statements made 
in such return. 

Sec. 1103. Affidavits must be preserved. The person charged 
with the registration of voters in each county or city and 
county must preserve all affidavits made before himself or his 
deputies for the purpose of procuring registration for at least 

















REGISTRATION OF ELECTORS. 


125 


five years, and until the Board of Supervisors shall order them 
to be destroyed. The affidavits shall constitute the register 
required to be kept by the provisions of this chapter and the 
person charged with the registration of voters shall not copy 
the facts shown by the affidavits as part of his official duties. 
All provisions of law in conflict herewith are hereby repealed. 
145 Cal. 324, 325, 342. 

Sec. 1104. Persons not to be registered in different counties 
at the same time. No person must cause himself to be regis¬ 
tered or enrolled in one county when his registration in another 
remains uncancelled. 


Sec. 1105. Cancellation of entry. Cancellation is made by 
writing on the affidavit of registration, the word “cancelled” 
and the reason therefor. [Amendment approved April 12, 1911.] 
145 Cal. 324, 325. 

Sec. 1106. Cases in which entry must be canceled. The 

Clerk must cancel the entry in the following cases: 

1. At the request of the party registered. 

2. When he knows of the death or removal of the person 
registered. 

3. When the insanity of the person registered is legally es¬ 
tablished. 

4. Upon the production of a certified copy of a judgment 
of the conviction of any elector of any infamous crime, or of 
the embezzlement or misappropriation of any public money, 
in full force against the person registered, upon information 
of such conviction obtained as hereinafter provided. 

5. Upon the production of a certified copy of a judgment 
directing the cancellation to be made. 

6. Upon a certificate of the Board of Election of any pre¬ 
cinct. sent up with the election returns, stating the death or 
removal, within their own knowledge, of the person registered. 

7. When it appears by the returns made by the Board and 
Clerks of Election that the respective party did not vote during 
the next preceding two years at any general or special election. 

8. The Clerk shall cancel upon the Great Register every 
name found thereon which is found upon the register of deaths, 
provided for by law. 

9. Every Judge before whom proceedings were had which 
result in any person being declared incapable of taking care 
of himself and managing his property, and for whom a guardian 
of his person and estate is accordingly appointed, or which 
result in such person being committed to a State Insane Asylum 
as an insane person, shall file with the County Clerk a cer¬ 
tificate of that fact, and thereupon the Clerk shall cancel the 
name of such person upon the Great Register, if found thereon. 

10. The County Clerk shall also, in the first week of Sep¬ 
tember, in each year, examine the records of the Courts having 


Cancellation 
on the great 
register. 


Cancellation 
of incompe¬ 
tents. 

Clerk to file 
certificate. 


126 


CALIFORNIA ELECTION LAWS. 


County Clerk 
to examine 
Court 
Records 
once a year. 


County Clerk 
to certify 
statement. 


jurisdiction in case of infamous crimes and the embezzlement 
or misappropriation of public money within his county, and 
cancel upon the Great Register the names of all persons ap¬ 
pearing thereon who shall have been convicted of an infamous 
crime or of the embezzlement or misappropriation of public 
money in such Court, and which conviction shall have been 
carried into effect. [Amendment approved January 22, 1912; 
in effect March 24, 1912.] 

Sec. 1106a. Cancellation of registration of persons con¬ 
victed of infamous crimes. In any county or city and county 
where there shall be a registrar of voters, the County Clerk of 
such county or city and county shall furnish to such registrar 
of voters before the first day of September of each year, a 
statement taken from the records of the courts having juris¬ 
diction in cases of infamous crimes and the embezzlement or 
misappropriation of public moneys within his county, showing 
the names of all persons appearing from such records to have 
been convicted of an infamous crime, or of the embezzlement 
or misappropriation of public money, in such court during the 
year prior to such first day of September, and which conviction 
shall have been carried into effect, and such registrar of voters 
shall thereupon during the first week of September in each 
tyear, cancel the affidavits of registration of such persons. The 
County Clerk shall certify the said statement under the seal of 
his office. [New section approved May 1, 1911.] 

Sec. 1107. Clerk must give certificate of registration. Upon 
the application of the party, in person or in writing, the Clerk 
must give him or his agent a certified copy of the entries upon 
the Great Register relating to such party. 

119 Cal. 619. 

Sec. 1108. Persons refused registration may proceed by 
action. If the Clerk refuses to register any qualified elector 
in the county, such elector may proceed by action in the Su¬ 
perior Court to compel such registration. [Amendment ap¬ 
proved April 12, 1911.] 

Sec. 1109. Action for compelling cancellation. Any person 
may proceed by action in the Superior Court to compel the 
Clerk to cancel any registration made illegally, or that ought to 
be cancelled by reason of facts that have occurred subsequent 
to the time of such registration; but if the person whose name 
is sought to be cancelled be not a party to the action, the court 
may order him to be made a party defendant. [Amendment 
approved April 12, 1911.] 

Sec. 1110. Parties to such action. In an action under the 
authority of section eleven hundred and eight, as many persons 
may join as plaintiffs as have causes of action. 

Sec. 1111. Same. In an action under the authority of sec¬ 
tion eleven hundred and nine, the Clerk and as many persons 
as there are causes of action against may be joined as defend¬ 
ants. 



REGISTRATION OF ELECTORS. 


127 


Sec. 1112. Costs not to be recovered against the Clerk ex¬ 
cept in certain cases. Costs cannot be recovered against the 
Clerk in any action under the authority of this chapter unless 
it is alleged in the complaint, and established on the trial, that 
the clerk knowingly and willfully violated a plain duty. 

Sec. 1113. Clerk to arrange affidavits of registration by pre¬ 
cincts. W ithin five days after the last day of registration, the 
Clerk shall arrange the affidavits of registration for each pre¬ 
cinct alphabetically by surnames, and number the same, be¬ 
ginning with one in each case, and bind the same, or cause 
them to be bound, into a book by fastening the left-hand 
edges together with a staple, wire, thread or other suitable 
material; he shall at the same time treat the duplicate affi¬ 
davits of registration in the same manner. [Amendment ap¬ 
proved April 12, 1911.] 

(Amendment approved June 14, 1913.) 

Sec, 1115. Index to registers. Within five days after the 
binding of said books the Clerk shall prepare an index of each 
book, said index to contain the numbers, names, occupations, 
addresses, and political affiliations as they appear in said books. 
Such names shall include Christian or given names, the middle 
name or initial, if any; and, if the name be that of a woman, 
such name shall be preceded by the designation of “Miss” or 
“Mrs.”, as the case may be. The Clerk shall have at least 
one hundred copies of said index printed for the use of said 
county, and he shall have printed and shall furnish to the 
municipalities within said county, such additional number of 
copies thereof, not exceeding fifty, as the governing body of 
such municipalities shall by resolution require. The County 
Clerk shall furnish upon written or oral demand to every candi¬ 
date, who is to be voted for in said county, city, or city and 
county or any political subdivision of said county, city, or city 
and county, an index of the registration, for such primary and 
general elections in which said candidate will participate, at 
a cost of ten cents per thousand names. All such moneys col¬ 
lected shall be deposited in the county treasury, to the credit 
of the general fund. The number of copies of said index 
necessary to be printed shall apply only to the index prepared 
for use at general elections. In counties where indexes are 
prepared for primary elections, a smaller number of such in¬ 
dexes may be printed. The Clerk shall have bound together 
in one or more volumes, a general index of said books ar¬ 
ranged alphabetically by precinct, and shall keep at least one 
copy of said general index in his office for public reference. 

Sec. 1116. Printed copies, how distributed. The Clerk must 
before the day of election, transmit and cause to be delivered 
to the Board of Election in each precinct, one of such books of 
affidavits of registration for their respective precinct, which 
shall constitute the register to be used at such election ; he shall 
also cause to be delivered at the same time five copies of the 


Quantity to 
be printed. 


County Clerk 
to furnish 
copies to 
candidates. 


County Clerk 
to keep 
general 
index. 


Copies of 
Indexes. 


128 


CALIFORNIA ELECTION LAWS. 


index to said book. [Amendment approved March 4, 1899; in 
effect January 1, 1900.] 

101 Cal. 319; 145 Cal. 325, 342. 

Sec. 1117. Certified copy of affidavit sufficient evidence that 
person is a voter. A certified copy of an uncancelled affidavit 
of registration is prima facie evidence that the person named 
in the entry is an elector of the county. [Amendment approved 
April 12, 1911.] 

(Amendment approved June 16, 1913.) 

Sec. 1120. Persons entitled to vote. All persons shall be 
entitled to vote at the elections mentioned in Section 1044 
of this code, who come within the terms or comply with the 
requirements of this section. 

1. Every person who was a qualified elector at the general 
state election immediately preceding the holding of any of the 
elections mentioned in Section 1044 of this code, and who was 
registered as required by law as a qualified elector of any one 
of the precincts which together compose the special election or 
consolidated election precincts, and who continues to reside 
within the exterior boundaries of such special election or con¬ 
solidated election precinct, until the time of holding of the 
election provided for and held under said Section 1044, shall 
be entitled to vote at said election, without other or additional 
registration except as provided in the second paragraph of this 
section. All other persons, in order to be entitled to vote at 
any of the elections provided for in said Section 1044, must 
be registered in the manner required by Sections 1094, 1096 
and 1097 of this code, as an elector of and within one of the 
precincts which compose the special election or consolidated 
precinct wherein he claims to be entitled to vote. Such regis¬ 
tration must be made and had in accordance with the pro¬ 
visions of Sections 1094, 1096 and 1097 of the Political Code; 
provided, that such registration shall be in progress at all times 
except during the thirty days immediately preceding any such 
municipal or special election held under said Section 1044 of 
this code. 

2. Where any of the elections mentioned in Section 1044 
of this code is held in an even-numbered year and between the 
first day of April and the date of the general state election 
held that year, any person to be entitled to vote at such elec¬ 
tion mentioned in Section 1044 of this code must have been 
registered during said even-numbered year in the manner re¬ 
quired by Sections 1094, 1096 and 1097 of this code as an 
elector of and within one of the precincts which composed the 
special election of consolidated precinct wherein he claims to 
be entitled to vote. 

(Amendment approved June 16, 1913.) 

Sec. 1121. Register used to consist of original affidavits. 

The register used at each special election or consolidated 
election precinct, at the elections provided for in Section 1044 



REGISTRATION OF ELECTORS. 


129 


of this code; provided, such elections are not held between the 
first day in April and the date of the general state election 
in any even-numbered year, shall consist of the original affi¬ 
davits of registration for the territory constituting such special 
election or consolidated election precinct, at the last general 
state election immediately preceding the holding of the election 
provided for in said Section 1044, together with a supplement 
or supplements showing the additional names of the persons 
who by registration have since such general state election be¬ 
come entitled to vote at any of the elections to be held in such 
precinct, under said Section 1044 of this code. In the event 
that precinct registers were used at the last preceding general 
state election, then it shall be the duty of the County Clerk 
or person clothed with the authority for the registration of 
voters, to furnish such original affidavits of registration with 
the supplements aforesaid, for each of the special election or 
consolidated precincts, to the boards of election, respectively, 
in and for each such election precinct. No person shall be en¬ 
titled to vote at any such election provided for in said Section 
1044 of this code, unless his name is registered by such original 
affidavit of registration, in the precinct within the exterior 
boundaries of the election precinct, or unless, according to the 
Constitution and laws of this state, he is entitled to vote 
thereat. If any election provided for in Section 1044 of this 
code is held between the first day in April and the date of the 
general state election in any even-numbered year, the register 
used at each special or consolidated election precinct at such 
election shall consist of the original affidavits of registration 
of those who had registered from the territory constituting 
such special or consolidated election precinct in said even- 
numbered year and at least thirty days prior to such election. 


AN ACT TO LEGALIZE REGISTRATIONS OF 
ELECTORS. 

(Approved December 4, 1911. Stats. Ex. Sess. 1911, p. 1.) 

Sec. 1. Registrations declared legal and valid. Registrations 
of married women. All registrations of electors of this state, 
heretofore made or attempted to be made, which are defective 
or illegal by reason of any defect, irregularity, or illegality in 
the appointment, qualification, or authority of the deputy clerks 
or other officials or persons before whom such registrations 
mav have been made, or who took the affidavits of the persons 
so registering, and all registrations of married women, who 
have registered under the given names, or the initials of the 
given names of their respective husbands, are hereby declared 
to be valid and legal, and are hereby validated in every case 
where the elector who has made such illegal or defective regis¬ 
tration, was, at the time of such registration, in all respects 


Name 
must be 
registered. 



130 


CALIFORNIA ELECTION LAWS. 


eligible to register as an elector of this state, and possessed all 
of the qualifications required therefor by the constitution and 
laws of this state. 

Sec. 2. Declaration of urgency. Facts constituting necessity 
for legislative action. This act is hereby declared to be an 
urgency measure within the meaning of section 1, article 4, of 
the constitution, and is deemed necessary for the immediate 
preservation of the public peace and safety. The following is 
a statement of the facts constituting such necessity; that elec¬ 
tions are about to be held in certain municipalities in this 
state prior to the first day of January, 1912, and defects and 
irregularities have occurred in the registration of a large num¬ 
ber of electors in such municipalities, which defects, owing to 
defects and irregularities in the appointment, qualification or 
authority of the deputy clerks or other officials or persons be¬ 
fore whom such regisrations were made, and to the registra¬ 
tion of married women under the given names, or initials of the 
given names of their respective husbands, and by reason whereof 
a question has arisen regarding the right of many persons, so 
registered, to vote at said elections, who were, at the time of 
such registration, in all respects eligible to register as electors 
of this state, and who possessed all of the qualifications required 
therefor by the constitution and laws of this state; that there 
is now existing a feeling of public unrest and apprehension 
regarding such registration and such elections; that, unless the 
right of such persons to vote at such elections is legally estab¬ 
lished prior to the holding thereof, public disorder and breaches 
of the public peace at such, elections are liable to ensue, and the 
public safety and the orderly conduct of such elections are 
liable to be endangered. 


CHAPTER IV. 


ELECTION PRECINCTS. 


Sec 1127. Supervisors to establish election precincts. The 

Board of Supervisors, or other board having charge and con- 
trol of elections in each of the counties, and cities and counties 
of the state, shall, as soon before a general election as is con¬ 
venient, proceed to divide such county, or city and county into 
election precincts, of which there shall be as many as shall be 
sufficient to make the number of votes polled at any one elec¬ 
tion precinct to be not more than two hundred, as nearly as can 
be ascertained. ^[Amendment approved March 20, 1889.] 

Sec. 1128 . Boundaries must be defined. In the order es- 
tabhshing precincts, the boundaries thereof must be defined. 








SUPPLEMENTAL INDEX 

TO 

Election Precincts 

BOARDS OF ELECTION. 
OPENING AND CLOSING THE POLLS. 
POLL-LISTS. 


TALLY-LISTS. 


(Pages 130 to 136). 


Sec. 1127. 

Sec. 1128. 
Sec. 1129. 


Sec. 1130. 

Sec. 1131. 

Sec. 1132. 

Sec. 1133. 


Sec. 1142. 


Page 


ELECTION PRECINCTS .130 

Supervisors to establish Election Precincts.130 

Division of City and County into.130 

Number of voters in .130 

Election .130 

Boundaries must be Defined .130 

Boundaries of .130 


Board may alter, Etc., Precincts.]?.!• 

Supervisors may alter Boundaries of Precincts.131 

Number of . 131 

Number of Voters in. 131 

Boundaries, Changing, Altering and Consolidating.131 

Creation of New Boundaries .131 

Consolidation of . 131 

Limitations on Powers Given Herein to Supervisors.131 

To establish .131 

When not to embrace more than one Township.131 

Board to Designate Place in Precinct for Holding Election. .131 

Place of ...131 

Time for Issuing Order Appointing Election Boards.131 

When Justice of Peace is to Designate Place for holding 

Elections . 131 

In case of Absence of Justice of Peace..131 

Proceedings where Place is not Designated.131 

Establishment of Special Election Precincts.132 

Special Election Precincts .132 

Consolidation, Altering, or Changing of, in Municipal 

Elections . 132 

BOARDS OF ELECTIONS .132 

Appointment of Election Boards .132 

Absence of Member of Board from Polling Place.133 

Action as Officer When not Eligible, Penalty..133 

Apportionment Equally between what Parties.133 

And Qualifications of Officers .133 

Board consists of what Officers and Clerks.133 

Certificate, Final, Majority of Board to Sign.133 

Duties of, Generally .133 

Eligibility of Officers . ...133 

Fine for Refusal to Serve.133 

Inspectors and Judges Constitute.133 

Names of Officers to be Published .133 

Notice of Appointment .133 

Officers of, How Appointed.133 

Political Parties, Apportionment of Officers Between.133 

Publication of Names of Officers.133 

Qualifications of .133 





















































SUPPLEMENTAL INDEX TO ELECTION PRECINCTS 

(Pages 130 to 136). 

Appointments of Election Boards—Continued. Page 

Refusal to Act, Punishment ..133 

What Officers Contitute .:.133 

Who to Appoint ...133 

Sec. 1143. Judges not to be of same Political Party.134 

Sec. 1144. Proceedings on Failure to Appoint or Attend.134 

Failure to Appoint, Proceedings on.134 

Sec. 1145. Powers of Election Inspectors .134 

Sec. 1146. Judges and Clerks may Administer Oaths.134 

Who may Administer Oaths. 134 

Sec. 1148. Board and Clerks to be Sworn..134 

Oaths of, Any Elector of Township may Administer .134 

Members to take and subscribe before Acting.134 

Sec. 1149. Board to post Copies of Precincts Register.134 

Election Officers must post Copies of Register .134 

Sec. 1150. Copies not to be Torn or Defaced .134 

Posted Register must not be Torn.134 

Sec. 1151. Board of Election for each Special Election Precinct.134 

Consolidated Election Precincts .134 

Number of .134 

How Appointed .134 

OPENING AND CLOSING THE POLLS.135 

Sec. 1160. Polls, Opening and Closing of .135 

Time of Opening and Closing the Polls...135 

When Must Open and Close .1.135 

Sec. 1162. Ballot-box to be Exhibited .135 

Not to be Removed .135 

Not to be Opened until Polls are finally Closed....l35 
Opening, Exhibiting and Closing before Receiving 

Ballots . 135 

Sec. 1163. Proclamation of Opening the Polls .135 

Announcement to be made aloud at Place of Election.135 

Ballots not to be Received before Proclamation is Made....135 

Sec. 1164. Rights of Voters at Closing-time .135 

Board to Proclaim Fact that Polls are Closed.135 

Closing of Polls, Proclaim same.135 

Election Officers must Proclaim Polls Closed.135 

Proclaim the Closing of. 135 

Who are Qualified to vote at Closing Time.i.135 

POLL LISTS . ...136 

Sec. 1174. Form of Poll-lists and Tally-lists .136 

TALLY-LISTS, Form of .136 

Sec. 1175. Tally-lists and Papers that are not to be Rejected for want 

of Proper Form . 136 

Papers that are not to be set aside for Want of Form.136 










































POLITICAL CODE. 


131 


Sec. 1129. Board may alter, etc., precincts. The Board of 
Supervisors, or other board having charge and control of elec¬ 
tions in each of the counties, and cities and counties, of the 
state, may from time to time change the boundaries of, create 
new, or consolidate established precincts; provided, that there 
shall always be as many precincts as shall be sufficient to 
make the number of votes polled at any one precinct to be not 
more than two hundred, as nearly as can be ascertained. 
[Amendment approved March-20, 1889.] 

126 Cal. 394; 133 Cal. 345. 

Sec. 1130. Limitations on powers given herein. The follow¬ 
ing limitations are imposed upon the powers given the Super¬ 
visors in this chapter: 

1. No precinct must be established so as to embrace more Not^t^ 
than one township, nor in such manner that its exterior limits more than 
cross the exterior boundaries of any township, incorporated town ' 
town or city, or any ward, district, or other territorial sub¬ 
division for which local officers are to be elected, except a Exceptions, 
school or road district. [Amendment approved March 4, 1899; 
in effect January 1, 1900.] 

103 Cal. 502. 

Sec. 1131. Board to designate place in precinct for holding 
election. The Board of Supervisors, or other board having 
charge and control of elections in each of the counties, and 
cities and counties, of the state, must, at least twenty-five days Time for 
prior to an election, issue its order appointing Boards of Elec- orTe^ap- 
tion, designating the house or place within the precinct where 
the election must be held, and the offices to be filled, naming boards, 
and numbering in numerical order, commencing with number 
one, the offices to be filled, unexpired terms being designated 
next after the full term; but in no event shall any place be 
selected for holding an election that is in a saloon, or other 
room or place where vinous, spirituous, or malt liquors are sold 
or dispensed, nor shall any place be selected for such purpose Place for 
that is connected with a saloon or other room or place where elections, 
vinous, spirituous, or malt liquors are sold or dispensed, by 
any door, window, or other opening. [Amendment approved 
March 20, 1899; in effect in sixty days.] 

86 Cal. 67. 

Sec. 1132. When Justice of Peace to designate place for 
holding elections. If the Board fail to designate the house or 
place for holding the election in any precinct, or, if for any 
reason, it can not be held at the house or place designated by 
the Board, the Justice of the Peace residing in the township 
in which such precinct is situated must, by an order under his 
hand (copies of which he must at once post in three public 
places in the precinct), designate the house or place, within In case of 
the precinct. In case of the absence of the Justice of the absence ^of 
Peace, or of his disability or refusal to perform the duties the Peace. 


132 


CALIFORNIA ELECTION LAWS. 


Consolida¬ 
tion of. 


herein imposed, then a majority of the Judges and Inspectors of 
Election for said precinct shall designate the place, within the 
precinct, for holding the election, and post the notices required 
by this section; provided, that in cities or cities and counties 
which are not divided into townships for judicial purposes, a 
majority of the Justices of the Peace residing in such city or 
city and county, shall discharge the duties imposed by this sec¬ 
tion. [Amendment approved February 13, 1903; in effect im¬ 
mediately.] 

Sec. 1133. Establishment of special election precincts. The 

board of governing body charged with the conduct of carry¬ 
ing on any of the elections mentioned in Section 1044 of this 
Code may precinct, or subdivide, the municipality or territory 
within which such election is to be held, into special election 
or consolidated election precincts, for the holding of such elec¬ 
tions, and change and alter such precincts for such elections, 
as often as occasion may require. In establishing such election 
precincts referred to in this section, such board or governing 
body having control of such elections, may consolidate the pre¬ 
cincts which existed for the holding of the last preceding gen¬ 
eral state election, to a number not exceeding three for each 
special election or consolidated election precinct, and shall 
number such precincts so established, consecutively, and each 
precinct so established shall for the purpose of such election 
be known by the number so designated. [New section approved 
March 19, 1907; in effect immediately.] 


CHAPTER V. 


BOARDS OF ELECTION. 

(Amendment approved June 14, 1913.) 


Sec. 1142. Appointment of Election Boards. When an elec¬ 
tion is ordered, the Board of Supervisors, or other board hav¬ 
ing charge and control of elections in each of the counties, 
and cities and counties, of the state must appoint officers of 
election board from the registered electors of each precinct, to 
serve as election officers only in the election precinct in which 
they are registered and actually reside to constitute the elec¬ 
tion board for such precinct, which shall consist of two in¬ 
spectors, two judges, two clerks; provided, that in any pre¬ 
cinct which has a total registration of less than seventy-five 
voters, the election board may, in the discretion of the Board 
of Supervisors or other board having charge and control of 
elections in such precinct, consist of one inspector, one judge, 
and two clerks. The inspectors, judges and clerks so ap¬ 
pointed shall constitute a Board of Election for such precinct. 
At all primary and general elections the members of election 





POLITICAL CODE. 


133 


boards shall be apportioned first to each or any party having 
15% or over of the registration designated in its name on the 
Great Register of the county, one member of the board for 
every such 15% of registration; provided, that if it should 
happen that there is, after giving one member for each 15% 
and multiple thereof, one more member to be appointed, such 
member shall be appointed from the party next highest on 
the Great Register not represented on the board. If two re¬ 
main to be appointed, the second one shall be appointed from 
the party having the highest fraction of fifteen not already 
represented on the board. If there should be only two parties 
represented on the Great Register and there is another member 
of the board to be appointed after the 15% and multiples are 
represented, such member shall be appointed from the party 
having the highest fraction of 15%. The inspectors, judges and 
clerks upon each Board of Election shall distribute the extra 
duties devolving upon such Board of Election, in addition to 
their own duties, in such a manner as they themselves shall 
deem most advantageous, and such extra duties assigned to the 
several officers or clerks of Boards of Election by other sections 
of this code shall be performed by the members of each board 
as the said duties have been distributed in accordance with this 
provision. Not more than two members of any Board of 
Election shall be absent from the polling place at any one 
time. And such Board of Supervisors or other board having 
charge of elections must notify each person appointed as a 
member of an election board, by written notice mailed to such 
person at the address shown on the affidavit of registration, 
at least seven days before the election, and must publish the 
names of such electors who constitute the Board of Elections 
for such election precinct, in some newspaper published in the 
county or city and county where the election is to be held for 
two successive issues, the last publication to be at least one 
week before the day such election is to be held. Such Board 
of Election shall canvass the votes for such precinct, and 
must be present at the closing of the polls. The members, of 
said board shall relieve each other in the duties of canvassing 
the ballots, which may be conducted by at least half of the 
whole number; but the final certificate shall be signed by a 
majority of the whole. No person shall be eligible to act as 
an officer of election at any precinct who has been employed 
in any capacity by the county, city and county, incorporated 
city or town in which an election is held, within ninety days 
preceding such election. No person shall be eligible to act as 
a member of any election board, or as a clerk upon such board, 
who cannot read and write the English language. Any per¬ 
son acting as a member of any election board, or as a clerk 
upon such board, who cannot read and write the English 
language, and any person who refuses to act upon such board, 
or as a clerk thereof, after proper notification of his appoint¬ 
ment who is otherwise eligible, unless good and sufficient 


Apportion¬ 
ment to 
parties. 


Absence of 
members of 
election 
board from 
polling place. 


Notice of 
appointment 
as a 
member. 


Persons not 
eligible on 
election 
board. 


134 


CALIFORNIA ELECTION . AWS. 


Penalty. 


Poll lists 
and tally 
lists, how 
many. 


cause for such refusal is shown to the election board or to the 
Board of Supervisors, shall be guilty of a misdemeanor, and 
upon conviction shall be subject to a fine of five hundred 
dollars, and upon failure to pay said fine shall be imprisoned 
in the county jail of such county, or city and county, for the 
period of one day for each dollar of said fine. 

Sec. 1143. Judges not to be of same political party. The 
Judges appointed must not be members of the same political 
party. 

Sec. 1144. Proceeding on failure to appoint or attend. If 

the Board of Supervisors fail to appoint the Board of Election, 
or the members appointed do not attend at the opening of the 
polls on the morning of the election, the electors of the precinct 
present at that hour may appoint the board or supply the place 
of an absent member thereof. 

Sec. 1145. Powers of inspectors. The Inspectors may: 

1. Administer all oaths required in the progress of an election. 

2. Appoint Judges and Clerks, if during the progress of an 
election any Judge or Clerk ceases to act or becomes incapaci¬ 
tated from acting. (Amendment approved May 1, 1911.) 

Sec. 1146. Judges and Clerks may administer oaths. Any 
member of the Board, or either Clerk thereof, may administer 
and certify oaths required to be administered during the prog¬ 
ress of an election. 

Sec. 1148. Board, and Clerks to be sworn. Before opening 
the pods, each member of the Board and each Clerk must take 
and subscribe an oath to faithfully perform the duties imposed 
upon them by law. Anv elector of the township may admin¬ 
ister and certify such oath. 

Sec. 1149. Board to post copies of precinct register. Before 
opening the polls the board mtut post. in some separate, con¬ 
venient places, ea c v of access, not less than four printed copies 
of the precinct registers, as last printed. (Amendment approved 
March 18, 1905; in effect immediately.) 

Sec. 1150. Copies not to he torn or defaced. The copies so 
ported must be maintained during the whole time of voting, 
and must not in any manner be torn or defaced. 

Sec. 1151. Board of Election for each special election pre¬ 
cinct. The board or governing bodv charged with the conduct 
of elections shall appoint a Board of Elections for each special 
election or consolidated election precinct, to consist of two in¬ 
spectors. two judges, and two clerks, for each municipal election 
provided for bv Section 1044 of this Code, and a Board of 
E’ection for each such precinct to consist of one inspector, one 
judge, and two clerks for every special election provided for in 
said Section 1044 of this Code, who shall apportion among 
themselves the work and labor required to conduct such elec¬ 
tion within their respective election precincts. But one poll 
list, one tally list, and one copy of such tally list, as provided 


SUPPLEMENTAL INDEX 

TO 

Election Tickets and Ballots 

Section 1185-1216. 


(Page 137 to Page 157.) Page 

Sec. 1185. Ballots and other Printing to be at Public Expense.~.137 

Charge for Municipal Tickets to be Local Charge.137 

Distribution, and Manner of, to be at Public Expense.137 

Printing and Distribution, Manner of .137 

Sec. 1188. Nomination of Candidates otherwise than by Primary 

Election 'p. . 137 

Arrangement of Certificate .137 

Candidates, Nominations in Lien of Primary, Manner of....137 

Certificate of, How Signed .137 

Certificate must be Bound .137 

Certificate, What must Show .137 

Duty of Clerk ...'....137 

Each Certificate must be Separate Paper..137 

Form of Certificate .137 

Independent Nominations other than at a Primary Election 137 

Law that Governs .137 

Sections of Nomination Papers and Certificates, Where 

Filed .:.137 

Signers .«..137 

Sec. 1191. Certificates of Nomination, to be Preserved for a Period of 

Two Years .138 

County Clerk, Duty of, as to Certificates of Nomination....l38 

Nomination other than Primary, How long Preserved.138 

Sec. 1192. Certificates of Nomination, Time of Filing...138 

Defects in .138 

Nomination Certificates, Time of Filing .138 

Sec. 1195. Proposed Constitutional Amendments, How Submitted.138 

Amendments to Constitution .138 

County Clerk to mail Copies to Voters.138 

Legislature to Prepare Statement to show Purpose.139 

Printing, and Distribution of .139 

Statement for and Against, Preparation of.139 

Printing and Distribution of 139 

Sec. 1195a. Contents of Pamphlet for Advertising Constitutional 

Amendments %.139 

Amendments, Pamphlet Containing, for Advertising, 

Contents of ..139 

Amendments, Pamphlet for Avertising, How Printed.139 

Copy of Ballot Title to be Printed Thereon.139 

Copies to be kept at Polling Place .139 

Constitutional Amendments .139 

BALLOTS . 140 

Sec. 1196. County Clerk to provide . 140 

Ballots, blank Spaces in for writing Names.140 

Names to be printed on.140 

Length .140 

County Clerk to Furnish .140 

Defined . 140 

Not Printed by County Clerk or Under Other Authority not 

to be counted ...140 

Paper .140 

Paper for, to be furnished by Secretary of State.140 

Printing Names of Candidates for United States 

Senator on .140 

Secrecy of Design .140 















































SUPPLEMENTAL INDEX TO ELECTION TICKETS AND BALLOTS 

(Page 137 to Page 157.) 

Ballots—Continued. Page 

Separate- ones to be' provided for every Election.140 

Size of .I.—-.140 

To be Large Enough ...140 

To be Provided by County Clerk.140 

Voter may write in Name of any Person.140 

Watermark .140 

On Ballot Paper .140 

To be Changed .140 

When Changed .140 

Width of ...140 

Sec. 1197. Ballot Law, Form of Ballot .141 

All Ballots must be Similar .145 

Arrangements of Names on Tickets .141 

Attorney General to Provide Ballot Title ...144 

Blank Column on Ballots . 142 

Board of Title Commissioners .144 

Borders, Perforations .146 

City or Town Officers Voted for .143 

Designation of Party on Ballots ..•...145 

Different Paper for Ballots . 147 

Directions to be Printed at Top of Ballot.147 

Endorsement on Back .„...146 

Form of, and Arrangements of Names .148 

Form, but one, for all Candidates Printed.141 

General Ticket . 146 

Heading of .:.147 

How Prepared ...141 

Independent Ticket .=....143 

Independent Nominations . 143 

Instructions to Voters to be printed on Ballot.147 

Length of .. 145 

Margin on . 145 

Municipal Ticket to be on Paper of a Different Tint.147 

Names to be in Parallel Columns .142 

Names of Candidates to be on.141 

Names of Candidates not to be Separated .146 

Number of .141 

Number of Columns .,.145 

Number on Ballot to Correspond with Number on Stub.146 

Objections to Ballot Title .144 

Officers voted for in more than One County .142 

Officers voted for in One County .143 

Officers voted for Throughout State .141 

One Form of . 141 

Order of Names of Officers .141 

Order of List of Officers .141 

Order in which Propositions to be voted for Shall Appear....143 

Order of Questions and Propositions .143 

Paper for Ballots . 141 

Party Designation on Ballots . 145 

Preparation of Ballots .147 

Presidental Electors . 141 

Printed, How . 145 

Printing, Constitutional Amendments, How Submitted.143 

Independent Tickets . 143 

of Municipal Tickets . 147 

of General Ticket .146 

Qustions or Propositions on, Attorney General to prepare 

Form of .143 

Distinguishing Title from 

Legislative Title..144 




























































SUPPLEMENTAL INDEX TO ELECTION TICKETS AND BALLOTS 

(Page 137 to Page 157.) 

Ballot Law, Form of—Continued. Page 

Questions or Propositions on, Mailing Form of to Persons 

interested .144 

Objections to Form of, and 

Proceedings on .144 

Propositions Columns .147 

Statement of Purpose .144 

Submission of Form of by- 

Person interested .143 

State Senators or Assemblymen Voted For.143 

Stubs .146 

Style of Printing . 145 

Title for Initiative Questions .143 

Title of Officers to be on .141 

Type of .....145 

Voting Space . 142 

Width of .145 

Where Two or more to be Elected for Same Office for 

Different Terms .147 

Sec. 1198. Ballots to be Bound and Recorded . 149 

In Bound Books .149 

Books of .149 

Number of Ballots in .149 

Record of Number of Ballots Printed.149 

Sec. 1199. Number of Ballots to be Furnished, to each Election 

Precinct .149 

Affidavit of Number of Ballots Destroyed .149 

County Clerk to destroy Unused Ballots.149 

Unused Ballots, Destruction of .149 

Time of Destroying Unused Ballots .149 

Sec. 1200. Error or Omission in Name of Candidate.149 

Application by Elector to Superior Court.149 

In Printing of Ballots, How Corrected.149 

In Publication of Names of Candidates Nominated for 

Office . 149 

How to be Corrected .149 

Sec. 1201. Delivery of Ballots .!.149 

County Clerk to Deliver Ballots to Boards of Elections....149 

Delivery to Election Boards, Messenger For.150 

Receipt for ..150 

Inspectors of Election to sign Receipt.150 

Messenger Employed to Deliver .150 

New Election, Governor to Order . 150 

Pay of Messengers .150 

Receipts for Ballots Taken .150 

In case of Consolidated City or County Election.150 

In case Election is Prevented by Loss or Destruction of 

Ballots . 150 

Sec. 1203. Ballot-boxes, Voting Booths and Supplies .150 

To be labeled .150 

Booths .150 

Conveniences for Stamping Ballots to be Provided in.150 

How arranged .150 

How Many Provided .150 

Providing for .150 

Restrictions Concerning .150 

To be Provided with Proper Supplies...150 

Number of Voting Booths Required .150 

Sec. 1204. Manner of Voting .151 

Challenge of Vote, Right of .151 

In Case Name is Changed by Marriage .151 
























































SUPPLEMENTAL INDEX TO ELECTION TICKETS AND BALLOTS 

(Page 137 to Page 157.) 

Manner of Voting—Continued. « Page 

Roster to Show .151 

Election Officers to Compare Signatures of Voter 151 
Ballots not Marked with Stamp Provided by 

Law not to be Counted .151 

Marriage, Change of Name by Manner of Voting.151 

Roster of Voters .151 

Voting, Method of ...151 

Sec. 1205. Voting, Method of .152 

Ballot, How Prepared by Voter .152 

” , When Voted, To Whom Delivered .152 

’ ’ , Numbered Slip Attached to be Destroyed by Whom 152 

Ballot Clerk, Duty of .152 

Directions to Ballot Clerk ....152 

Number of Ballot and Endorsement to Appear on Outside..152 

One Person to Vote ........152 

Straight Ticket, How Voted . 152 

Voter, How to Pold Ballot .152 

How to Prepare Ballot ........:.152 

One Person to Vote ..152 

How to Prepare, Mark or Stamp Ballot.152 

Voters, to Prepare Ballot, How .152 

to Mark Ballot with Stamp .152 

Voting, only One to vote at a Time.152 

Folding Ballot . 152 

Manner of . 152 

Marking of Ballot .152 

Method of . 152 

Sec. 1206. Booth, Occupancy of .153 

Booth, . How Occupied .....153 

Booth, Not more than One Voter to Occupy at a Time.153 

Sec. 1207. Spoiled or Unused Ballots ....153 

Ballots, spoiled to be Cancelled and Returned.153 

Ballot Clerk, to Account for Ballot .153 

to Destroy Unused Ballots .153 

to Cancel .153 

Defaced Ballots . 153 

Defacing of Unused or Spoiled Ballot .153 

Destroying Ballots .153 

Duty of Election Officer on Receipt of Return Ballots.153 

Majority of Election Officers to Write Names across 

sealed Portion .. 153 

Sealing of Spoiled or Defaced Ballots .153 

Spoiled or Unused Ballot .153 

Voter who Fails to Vote to Return Ballot.153 

Voters, Spoiling Ballot Proceeding on .153 

Sec. 1208. Illiterate or Helpless Voters, How assisted.153 

Assistance to Disabled Voters .153 

Assisted Voters 7 Affidavit .154 

List .J.154 

Election Officers’ Oath before Assisting Voter.154 

List, of Assisted Voters .154 

Lists of Voters Assisted to be Preserved .154 

Voters, Disabled, How assisted .153 

Voter unable to mark Ballot, Assisting of.153 

Read ” ” ”.153 

or Mark Ballot, Who to Assist and 

Oath of . 154 

Sec. 1209. Removal of Number Slip from Ballot.154 

Ballot, removal of number by Inspector .154 

Number, Ballots from which not removed not to be 

Deposited . 154 

Removal of Ballot Number .154 

























































SUPPLEMENTAL INDEX TO ELECTION TICKETS AND BALLOTS 

(Page 137 to Page 157.) Page 

Sec. 1210. Mailing of Sample Ballots; Instruction Cards.154 

Ballots, Sample, Mailing of ...154 

Number of to be Printed .155 

Printing of .155 

Furnishing of .154 

Instruction Cards to be furnished, and posted in each 

Booth . 155 

Instructions to Voters, Printing and Distributing.155 

To be posted in election booths....155 

To be Sent to Election .Boards.155 

Mailing Voting Number and location of Polling Place to 

Voters . i ...155 

Mailing Sample Ballots to Voters .154 

Official Matter Only to be Mailed to Voters.155 

Sample Ballot, How furnished .154 

Sec. 1211. Ballots, Void or Spoiled.155 

Canvassing of, Name Printed Twice on Ballot, Marking 

both Names, Effect of ...155 

Defective Ballots, Not to be Counted .155 

Marking Ballots .155 

Distinguishing Marks, What are Not .155 

Effect of Cross in Voting Square and writing 

Name in blank Column .155 

Effect of Cross in Both Voting Square and 

Circle .155 

of, Ballot when Void and When Not.155 

Identifying Marks, What are not .155 

Name Printed Twice on Ballot, Marking both 

names, effect of .155 

Marks, unauthorized, When only Invalidate.155 

Void, to be Preserved and Returned with other 

Ballots .155 

Void, When . 155 

Voter, how to Prepare, Mark or Stamp .155 

Written Names to be Counted .155 

Marks on, What do not Invalidate .155 

Not to be Counted .155 

Names Printed Twice on Ballot, Marking Both Names, 

Effect of . 155 

Returns, Cavassing of Name Printed Twice on Ballot.155 

Stamping Two or More Impressions in one Voting Square..l55 
(X) Partly Within and Partly Without Voting 

Square, not to Invalidate Ballot .155 

Spoiled .. 155 

Void .,..155 

Voting, Written Names must be in Blank Space .155 

Sec. 1212. Time Allowed from Employment or Service for Voting.156 

Persons entitled to Absent Themselves from Services for 

Voting . : .156 

Persons Not to be Liable to Penalty or Deduction of 

Wages ... a..156 

Rights of Voters .. 156 

Sec. 1213. Certificate of Nomination, Destruction of, or Falsely 

making of .156 

Disclosing or Imitating Ballot Paper Watermark.156 

Certificate of Nomination, No one to Falsely, make, 

destroy or Suppress .:.156 

Election Frauds .-.156 

G5 Frauds concerning Election Supplies .156 














































SUPPLEMENTAL INDEX TO ELECTION TICKETS AND BALLOTS 

(Page 137 to Page 157.) 

Page 

Sec. 1214. No Supplies to be Destroyed.156 

Election Supplies, Removal or Defacement of .156 

Removal, Destruction or Defacement of Supplies .156 

Supplies in Conducting Not to be Removed or Destroyed....156 

Sec. 1215. Disclosing Name of Candidate electioneering, etc.156 

Ballot, no one but Officer to Examine or ask to see.156 

No other Person than an Election Officer to Deliver.,156 
Voter not to deliver any ballot to Election Officer 

other than the One he Receives.157 

Ballots, not to be Shown after they are Marked.156 

Voter not to Receive from other than Election 

officer . 156 

Conduct of Voter ........156 

Elector not to Apply for or receive Ballot except at 

precinct Where Entitled to Vote .156 

Electioneering, Officers of Election Not to.157 

Within one Hundred Feet of Polls Forbidden..157 
Officers, no Election Officer to Disclose Name of Person 

for whom Elector has Voted .156 

Voter not to show contents of Ballot .156 

Not to be Asked for Whom he Voted at Polling 

Place ..'..156 

Not to be solicited Within one Hundred Feet of 

Polls . ...157 

Voters, conduct of .156 

Not to Place Distinguishing marks on Ballot.157 

Voting, no Ballot other than that Received to be Delivered 

to Election Officer .156 

Voting, no one but Election Officer to Receive or Solicit 

ballot .156 

Voting, no one to apply for Ballot at other than his or 

Her polling Place . 156 

Voting, Voter not to be asked for Whom He intends to 

Vote ..:.156 

Voter not to Show Ballot .156 

Sec. 1216. Registrar of Voters, Boards of Election Commissioners, 

Powers of . 157 

Duties of Election Commissioners .157 

Registrar of Voters .157 

Registrar of Voters, Powers and Duties of .157 

Provisions as to Powers and Duties of 
County Clerk apply to.157 





























POLITICAL CODE. 


135 


for in Section 1261 of the Political Code, need be kept, and but 
one book of original affidavits of registration. These shall be 
returned to the proper officers with the official returns, in 
the same manner provided for the returns at a general election. 
Said election officers are to be appointed equally between the 
two political parties which, respectively, cast the highest and 
next highest number of votes for Governor at the last preceding 
general State election. (Amendment approved January 9, 1912; 
in effect March 24, 1912.) 


CHAPTER VI. 


OPENING AND CLOSING THE POLLS. 


Sec. 1160. Polls, opening and closing of. The polls must 
be opened at six o’clock a. m. of the day of election, and must 
be kept open until seven o’clock p. m. of the same day, when 
the polls shall be closed, except as provided in Section 1164 of 
this Code. (Amendment Approved May 22, 1913.) 

Sec. 1162. Ballot box to be exhibited. Before receiving any 
ballot the board must, in the presence of any persons assembled 
at the polling place, open and exhibit and close the ballot box; 
and thereafter it must not be removed from the polling place or 
presence of the bystanders until all the ballots are counted, nor 
must it be opened until after the polls are finally closed. 

Sec. 1163. Proclamation at opening the polls. Before the 
board receive any ballots, they must cause it to be proclaimed 
aloud at the place of election that the polls are open. 

Sec. 1164. Rights of voters at closing-time. When the polls 
are closed, that fact must be proclaimed aloud at the place of 
election; and after such proclamation, no ballot must be re¬ 
ceived ; provided, however, that if at the hour of closing there 
are any other voters in the polling place, or in line at the door, 
who are qualified to vote and have not been able to do so since 
appearing, the polls shall be kept open a sufficient time to 
enable them to vote. But no one who shall arrive at the poll¬ 
ing place after seven o’clock in the afternoon shall be entitled 
to vote, although the polls may be open when he arrives. 
(Approved May 22, 1913.) 


Election 
officers, how 
apportioned. 


Proclamation 
at closing 
the polls. 





136 


CALIFORNIA ELECTION LAWS. 


CHAPTER VII. 


POLL-LISTS. TALLY-LISTS. 


Poll lists, 
form of. 


Tally lists, 
form of. 


Sec. 1174. Form of poll-lists and tally-lists. The following 
is the form of poll-lists and tally-lists to be kept by Boards 
and clerks of election : 

Poll-Lists. 

Of the election held in the Precinct of -, in the County 

of-, on the-day of-, in the year A. D. one thousand 

eight hundred and -. A. B., C. D., and E. F., Judges, and 

G. H. and J. K., Clerks of said election, were respectively sworn 
(or affirmed), as the law directs, previous to their entering on 
the duties of their respective offices. 

Number and Name of Electors Voting. 

No. Name No. Name 

1 A. B. 3 E. F. 

2 C. D. 4 G. H. 

We hereby certify that the numbers of electors voting at this 
election amounts to-. 

Attest: 

G. H, A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

Tally-Lists. 

Names of persons voted for, and for what office, containing 
the number of votes given for each candidate: 

Representative Members of the Legislature. 

Governor. in 

Congress. Senate. Assembly. 

We hereby certify that A. B. had - votes for Governor, 

and C. D. had - votes for Governor; that E. F. had - 

votes for Representative in Congress, etc. 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

155 Cal. 297. 

Sec. 1175. Tally-lists and papers that are not to be rejected 
for want of proper form. No list, tally, paper, or certificate 
returned from any election must be set aside or rejected for 
want of form, nor on account of its not being strictly in accord¬ 
ance with the directions of this title if it can be satisfactorily 
understood. 

77 Cal. 182. 













ELECTION TICKETS AND BALLOTS. 


137 


CHAPTER VIII. 


ELECTION TICKETS AND BALLOTS. 


Sec. 1185. Ballots and other printing to be at public ex¬ 
pense. All ballots cast in elections for public officers within 
the state shall be printed and distributed at public expense, 
as hereinafter provided. The printing of general tickets and 
cards of instruction to electors of each county, and the delivery 
of the same to the election officers, shall be a county charge, 
the payment of which shall be provided for in the same manner 
as the payment of other county expenses; and the printing 
and delivering of “municipal tickets,” and also in case of sep¬ 
arate elections for city, city and county, or town officers, the 
printing and delivering of cards of instruction, shall be a charge 
upon the respective city, city and county, or town in which 
such “municipal tickets” and cards of instruction are to be used, 
the payment of which shall be provided for in the same manner 
as the payment of other city, city and county, or town ex¬ 
penses. 

122 Cal. 191. 

(Amendment approved June 14, 1913.) 

Sec. 1188. Nomination of candidates otherwise than by 
primary election. A candidate for any public office for which 
no non-partisan candidate has been nominated at any pri¬ 
mary election may be nominated subsequent to said pri¬ 
mary election, or in lieu of any primary election, in the 
manner following: a nomination paper containing the name 
of the candidate to be nominated, with other information 
required to be given in the nomination papers provided for 
in the direct primary law enacted at the fortieth session of 
the Legislature of the State of California, shall be signed by 
electors residing within the district or political subdivision for 
which the candidate is to be presented, equal in number to 
at least one per cent of the entire vote cast at the last pre¬ 
ceding general election in the State, district or political sub¬ 
division for which the nomination is to be made, subject to 
the restrictions contained in said direct primary law. For the 
purposes of this section the provisons of said direct primary 
law, as said sections apply to the nominees for judicial, scnool, 
county, and township officers, shall substantially govern as to 
the manner of the appointment of verification deputies, the 
form of nomination papers and the securing of signatures 
thereto, the fastening together of sections of the nomination 
paper containing such signatures, and the filing thereof with 
the County Clerk, or the certification thereto by the County 
Clerk and transmission thereof to the Secretary of State, 
as the case may be, the payment of a filing fee, and all other 
things necessary to get the name of a candidate under this 


County 

charge, 

when. 


City or town 

charge, 

when. 


Law that 
governs. 


Sections of 
nomination 
papers and 
certificates 
to be filed 
with county 
clerk. 




138 


CALIFORNIA ELECTION LAWS. 


Signers. 


Name of 
candidate to 
go on ballot. 


section upon the ballot, except that such provisions shall be 
directed toward getting the candidate’s name on the ballot for 
a general or municipal election, and not on the ballot for 
nomination at a primary election. In addition to the other 
matter required to be set forth on the candidate’s nomination 
paper, it must also be set forth that each signer thereof has 
not voted at any primary election at which a candidate was 
nominated for the public office mentioned in the said certificate. 

Upon the filing of a sufficient nomination paper by any candi¬ 
date nominated under the provisions of this section and the 
payment of the filing fees as hereinbefore provided, the name 
of such candidate shall go upon the ballot at the ensuing general 
or municipal election according to the provisions of subdivision 
2 of section 1197 of this code for the placing upon the ballot 
of names of candidates nominated “bv petition.” [Amended 
March 23, 1901, March 19, 1907, April 12, 1911, June 14, 1913.] 

Sec. 1191. Certificates of nomination, to be preserved for a 
period of two years. The Secretary of State shall preserve in 
his office for a period of two years all certificates of nomination 
filed therein under the provisions of this Code; and each 
County Clerk shall preserve in his office for a like period all 
certificates of nomination filed therein under the provisions of 
this Code; and each Clerk or Secretary of the legislative body 
of any incorporated city or town shall for a like period pre¬ 
serve in his office all certificates of nomination filed therein 
under the provisions of this Code. 

46 Cal. 404; 67 Cal. 498 ; 92 Cal. 136. 

Sec. 1192. Certificates of nomination, time of filing. 

(Amendment approved June 14, 1913.) Certificates of 

nomination required to be filed with the Secretary of State, 
or with the County Clerk, shall be filed not more than 
sixty days and not less than thirty-five days before the day of 
election, when the nomination is made by electors as pro¬ 
vided in section 1188 of this code. Certificates of nomination 
required to be filed with the Clerk or Secretary of the legislative 
body of any city or town, shall be filed not more than fifty 
days nor less than twenty days before the day of election, 
when the nomination is made by electors as provided in section 
1188 of this code. [Amended March 23, 1901, April 12, 1911, 
June 14, 1913.] 

Sec. 1195. Proposed constitutional amendments, how sub¬ 
mitted. (Amendment approved June 14, 1913.) When¬ 

ever the Legislature shall propose any amendment to the 
Constitution of this State, which amendment shall have 
been passed in the manner required by section one of 
article eighteen of the Constitution, the author of such amend¬ 
ment and one member of the same house who voted with the 
majority on the submission of such amendment and one mem¬ 
ber of the same house as the author who voted with the 


ELECTION TICKETS AND BALLOTS. 


139 


minority against the submission of such amendment, both of 
whom shall be selected by the presiding officer of such house, 
e ore the adjournment of the Legislature and they shall 
within one year after the adjournment of the Legislature pre¬ 
pare a brief statement showing the purpose of said amend¬ 
ment, and a comparative statement of the operation of the 
present section or article of the Constitution, and the reasons 
advanced by the majority for its adoption, and the reason 
advanced by the minority against its adoption, and any other 
reason why such amendment should be adopted, or be not 
adopted, and forward such article to the Secretary of State, 
and the Secretary of State shall cause to be printed at the 
State Printing Office, in convenient form, one and one-half 
times as many copies of such statement as there are registered 
voters in this State, and in case the Legislature shall submit any 
proposition to a vote by the qualified electors of the State, 
the Secretary of State shall duly, and not less than twenty-five 
days before the election next ensuing, certify such amend¬ 
ment and proposition to the County Clerk of each county of the 
State and shall cause to be printed at the State Printing Office 
one and one-half times as many copies of said amendment 
and proposition as there are registered voters in the State, 
and at least thirty days before any election at which said 
proposition and amendment is, to be voted on the Secretary 
of State shall furnish each County Clerk in the State with 
one and one-half times as many copies of said amendment, 
proposition and statement as there are registered voters in 
his county. The clerk of each county shall thereafter cause 
to be mailed to each voter a copy of such amendment or 
proposition and of said statement, at the same time, in the 
same manner and in the same envelope provided for in section 
one thousand two hundred and ten of this code, and no other 
publication of said amendment or proposition shall be necessary 
or authorized. (Amended March 10, 1909, June 14, 1913.) 

Sec. 1195a. Contents of pamphlet for advertising consti¬ 
tutional amendments, etc. (Amendment approved June 14, 
1913. The sheet or pamphlet containing the proposed con¬ 
stitutional amendments provided for in Section 1195 of this 
code, as well as any question, proposition or amendment 
to the constitution to be submitted to the people by either 
initiative or referendum petition, shall also contain the cor¬ 
responding constitutional provisions as then in force, if any, 
and the parts of the proposed amendment different from 
the existing provisions shall therein be distinguished in print, 
so as to facilitate comparison. Three copies of the consti¬ 
tution, in the form of pamphlets, to be supplied by the Secre¬ 
tary of State, shall be kept at every polling place, while an 
election is in progress, so that they may be freely consulted 
by the electors. All questions, propositions and constitutional 
amendments which are to be submitted to a vote of the electors 


Statement to 
show purpose 
of amendment. 


County Clerk 
to mail copies 
to voters. 


Copies to be 
kept at 
polling 
places. 


140 


CALIFORNIA ELECTION LAWS. 


Copy of 
ballot title 
to be 
printed 
therein. 


Separate 

ballots. 


City Clerk 
to provide 
ballots. 


Size of 
ballots. 


shall be printed on said sheets or pamphlets, so far as possible, 
in the same manner and form in which the same shall be 
designated upon the ballot and shall be designated thereon by 
the ballot title or designation which may be provided therefor. 
Said ballot title shall be printed on the sheets and pamphlets 
herein referred to immediately prior to the particular question, 
proposition or constitutional amendment therein referred to. 
There shall also be printed on said sheets and pamphlets the 
copy of said ballot title or designation as the same will appear 
on the ballots when voted on in the order and with the proper 
number which ballot title or designation shall be the method 
by which said questions, propositions and constitutional amend¬ 
ments shall be designated on the ballots. 

Sec. 1196. County Clerk to provide ballots. Except as in 
this Code otherwise provided, it shall be the duty of the County 
Clerk of each county to provide printed ballots for every elec¬ 
tion of public officers, except elections for city or town officers, 
in which electors, or any of the electors, within the county 
participate, and to cause to be printed in the appropriate ballot 
the name of every candidate whose name has been certified to 
or filed with the County Clerk, in the manner provided for by 
law, together with the names certified by the Secretary of State 
to have received in the respective parties, the highest number 
of votes for United States Senator. Ballots other than those 
printed by the respective County Clerks, or the Clerk or 
Secretary of the legislative body of any incorporated city or 
town, according" to the provisions of this Code, shall not be 
cast nor counted at any election. It shall be the duty of the 
County Clerk of any consolidated city and county to provide 
separate ballots for every election for city and county officers 
in which the electors, or any of the electors, of such city 
and county participate, and to cause to be printed on such sep¬ 
arate ballots the name of every candidate for a city and county 
office whose name has been filed with the proper officer in 
the manner provided by law. It shall be the duty of the Clerk 
or Secretary of the legislative body of any incorporated city or 
town to provide separate ballots for every election for city or 
town officers in which the electors, or any of the electors, of 
such city or town participate, and to cause to be printed in 
such separate ballots the name of every candidate whose name 
has been filed with such Clerk or Secretary in the manner pro¬ 
vided for by law. All ballots shad, be not to exceed twenty- 
four inches in length, and shall be of sufficient width to con¬ 
tain in parallel columns four inches in width the names of all 
candidates nominated, and below the printed list of candidates 
for each office, the necessary blank space or spaces to permit 
an elector to write in the names of persons whose names are 
not printed on the ballot, and to contain in a separate column 
or columns of sufficient width statements of all questions, 
propositions or constitutional amendments to be submitted to 


ELECTION TICKETS AND BALLOTS. 


141 


vote of the electors, and shall be printed on tinted paper fur¬ 
nished by the Secretary of State. It shall be the duty of the Ba iiot 
Secretary of State to obtain, and keep on hand, a sufficient {JJ p ®u r 5Jhed 
supply of paper for ballots, and to furnish the same, in quanti- by the ms 
ties ordered, to any County Clerk, or Clerk, or Secretary of the ft a j£ tary ° f 
legislative body of any incorporated city or town, upon pay¬ 
ment by them of the cost of such paper. Such paper shall be 
watermarked with a design to be furnished by the Secretary of watermark. 
State, in such manner that the said watermark shall be plainly 
discernible on the outside of such ballot when folded accord¬ 
ing to law. Such design shall be kept secret from all persons 
not engaged in the preparation, printing, or distribution of the of 

paper or ballots, until the day of election. Such design shall be 
changed for each general election, and the same design shall Watermark 
not to be used again at any general election within the space of changed^ 6 ” 
fourteen years; but at any special or separate local election, pa¬ 
per marked with the design used at the previous election may be 
used. Nothing in this Code contained shall prevent any voter Voter may 
from writing upon his ballot the name of any person for whom name on 
he desires to vote for any office, and such vote shall be counted ballot - 
the same as if printed upon the ballot, and marked as voted for. 
(Amendment approved March 20, 1911.) 

Sec. 1197. Ballot Law, form of ballot. (Amendment 
approved June 14, 1913.) There shall be provided at 

each polling place, at each election at which public offi¬ 
cers are voted for, but one form of ballot for all the candi¬ 
dates for public office, and every ballot shall contain the names 
of all the candidates whose nominations for any office specified 
on the ballot have, been duly made and not withdrawn, as pro¬ 
vided by law, together with the title of the office arranged to ^ a a n “-d a tL 
conform as nearly as practicable to the plan hereinafter set 
forth. 

2. The order in which the list of officers shall appear on order of list 
the ballot shall, as to State offices and district offices, when the of officers - 
district includes more than one county, be determined by the 
Secretary of State, and shall as nearly as may be practicable, 
be the same for all counties. The order in which the list of 
county offices or district offices embracing one county or 
less, shall appear on the ballot, shall be determined by the 
County Clerk. 

(a) If the office is an office the candidates for which are to 
be voted on throughout the entire State, including United Office^ 
States Senator in Congress, the Secretary of State shall arrange ^ougholt 
the names of all candidates for such office in alphabetical order state, 
for the first assembly district; and thereafter, for each succeed¬ 
ing assembly district, the name appearing first for each office in 
the last preceding district shall be placed last, the order of the 
other names remaining unchanged; provided, however, that the Pregidential 
names of candidates for the office of electors for President and electors. 
Vice-President shall be arranged in groups as presented in the 


142 


CALIFORNIA. ELECTION LAWS. 


Voting space. 


Officers 
voted for in 
more than 
one county. 


Certifying 
list to 

county clerks. 


several certificates of nomination, and the Secretary of State 
shall arrange such groups for the first assembly district in the 
alphabetical order of the names standing at the head of each 
of such groups as the first name therein; and, thereafter, for 
each succeeding assembly district, the group appearing first 
shall be placed last, the order of the groups remaining un¬ 
changed; but the order of the names within each of the several 

groups shall remain the same as presented in the several 

certificates of nomination and shall remain the same for all 
assembly districts. A blank column one-half inch wide shall 
be left upon the ballot opposite each group of names of can¬ 
didates for electors for President and Vice-President, and 

to the right of the column of voting squares for the individual 
names and separated from it by a light dotted line, which 
blank column shall contain a square in which may be stamped a 
cross (X) which shall be counted as a vote for each and every 
name in the group opposite. Lengthwise along this blank 
column shall be printed in heavy face type “A cross (X) 

stamped in this square shall be counted for each name of the 
group to the left.’’ The line separating any group of names 
from any other group shall be heavier than any line separating 
the individual names in each group, and shall extend across the 
blank column provided for in this paragraph. Below the top 
line of this extension shall be printed in small heavy face 
type the words “top of groups/’ and above the bottom iine of 
the extension, the words “end of group.’’ If the office is that 
of representative in Congress, or is an office the candidates 
for nomination to which are to be voted on in more than one 
county or city and county, but not throughout the entire 
State, except the office of State Senator or Assemblyman, the 
Secretary of State shall arrange the names of all candidates for 
such office in alphabetical order for that assembly district 
which is lowest in numerical order of any assembly district in 
which such candidates are to be voted on, and thereafter for 
each succeeding assembly district in which such candidates 
are to be voted on, the name appearing first for such office 
in the last preceding district shall be placed last, the order of 
the other names remaining unchanged. 

In certifying to each County Clerk or Registrar of Voters 
the list of names as required in section 23 of the primary 
election law the Secretary of State shall certify and transmit 
the list of candidates for each office according to assembly 
districts in the order of arrangement as determined by the 
above provisions; and in case of each county or city and county 
containing more than one assembly district, he shall transmit 
separate lists for each assembly district. Except for the office 
of State Senator or Assemblyman, the order in which the 
names so certified shall appear upon the ballot, shall be for each 
assembly district the order as determined by the Secretary of 
State in accordance with the above provisions, and as certified 


ELECTION TICKETS AND BALLOTS. 


143 


and transmitted by him to each County Clerk or Registrar of 
voters. 

(b) If the office is an office to be voted on wholly within 

one county or city and county, except the office of Representa¬ 
tive in Congress or State Senator or Assemblyman, the County 
Clerk of such county or the Registrar of Voters of such city 
and county, shall arrange the names of all candidates for such 
office in alphabetical order, which order shall be the order of 
names upon the ballots; provided, there is no more than one 
assembly district in such county, or city and county. If there 
is more than one assembly district in such county or city and 
county, the County Clerk or Registrar of Voters shall so 
arrange on the ballot the order of names of all candidates for 
such office that they shall appear in alphabetical order for 

that assembly district in such county, or city and county, which 
is lowest in numerical order, and thereafter for each succeed¬ 
ing assembly district in such county, or city and county, the 
name appearing first for each office in the last preceding 

assembly district shall be placed last, the order of the other 

names remaining unchanged. 

(c) If the office is that of State Senator or Assemblyman, 
the names of all candidates for such office shall be placed 
upon the ballot in alphabetical order. 

(d) If the office is a municipal office in any city or town 

whose charter does not provide for the order in which names 
shall appear on the ballot, the names of candidates for such 
office shall be placed upon the ballot in alphabetical order. If 
the nomination of a candidate for any office shall be made by 
petition, filed within the time and manner provided by law, 
but subsequent to the determination of the order in which 

names of candidates shall appear on the ballot, the name of 
such candidate with the word “independent” printed to the 
right thereof, shall be placed on the ballot next below the 
names of the other candidates for the same office; provided, 
however, that in the case of judicial officers and school officers 
the word “independent” shalL be omitted. 

3. The order in which all questions and propositions (in¬ 
cluding proposed laws and constitutional amendments), which 
are to be submitted to the vote of the electors, shall appear 
upon the ballot shall be determined by the Secretary of State. 
The Attorney General shall provide and return to the Secretary 
of State a ballot title or designation by which all such ques¬ 
tions, propositions, proposed laws and constitutional amend¬ 
ments shall be designated upon the ballot; provided, however, 
any person who is interested in any question, proposition, pro¬ 
posed law or constitutional amendment, the petition as to 
which is being circulated for the purpose of having the same 
submitted under an initiative petition, as provided in section 
one of article IV of the constitution, to a vote of the electors, 
or any proposed constitutional amendment to be submitted to 


Officers 
voted for ip 
one county. 


State 

Senators or 
Assemblymen 
voted for. 


City or town 
officers 
voted for. 


Order in 
which 

propositions 
to be voted 
for shall 
appear on 
ballot, 
determined 
by Secretary 
of State. 

Ballot titles 
for initiative 
questions. 


144 


CALIFORNIA ELECTION LAWS. 


Attorney 
General 
to provide 
ballot title. 


Objections to 
ballot title. 


Board of 
title com¬ 
missioners. 


a vote of the electors, may, at any time prior to one hundred 
and thirty days before the election at which such question, 
proposition, proposed law or constitutional amendment is to 
be submitted to a vote of the electors, file a copy of said 
question, proposition, proposed law or proposed constitutional 
amendment with the Secretary of State, together with a request 
that a ballot title be prepared for the same; such request 
shall be accompanied with the address of the person or asso¬ 
ciation of persons proposing such measure. The Secretary of 
State shall forthwith transmit a copy of said question, propo¬ 
sition, proposed law or constitutional amendment to the At¬ 
torney General. Within ten days after the same is filed with 
him, said Attorney General shall provide and return to the 
Secretary of State a ballot title for said measure. The ballot 
title may be distinguished from the legislative or other title 
of the measure and shall express in not exceeding one hundred 
words, the purpose of the measure. In making such ballot title, 
the Attorney General shall give a true and impartial statement 
of the purpose of the measure and in such language that the 
ballot title shall not be an argument or likely to create prejudice 
either for or against the measure. Immediately upon receipt 
of the ballot title as prepared by the Attorney General, the 
Secretary of State shall mail to any and all persons who may 
have requested the preparation of such ballot title, a notice 
addressed to such person or persons at the address accompany¬ 
ing such request, stating that the Attorney General has made 
and returned such ballot title, which notice shall also contain 
a copy of the ballot title as prepared by the Attorney General. 
Any person who is dissatisfied with the ballot title prepared by 
the Attorney General for any such question, proposition, pro¬ 
posed law or constitutional amendment may, after the same 
has been returned to the Secretary of State as hereinbefore 
provided, and within ten days after said notice shall have been 
mailed to the Secretary of State, as above provided, file in 
writing with the Secretary of State his objections, who shall 
forthwith file a copy of such question, proposition, proposed 
law or constitutional amendment, together with the title thereof 
as so prepared by the Attorney General and the said ob¬ 
jections thereto, with the Board of Title Commissioners, which 
board shall consist of the three Justices of the District Court of 
Appeal of the State of California, in and for the third appellate 
district, who shall be ex-officio title commissioners for the 
purposes of this act and which board is hereby created; said 
board shall fix a time at which any person may be heard 
either for or against the objection so made and shall notify 
all persons of the time so set and thereupon said Board of Title 
Commissioners shall proceed to consider the said title pre¬ 
pared by the Attorney General and the objections filed thereto, 
and shall prepare a title by which such question, proposition, 
proposed law or constitutional amendment shall be designated 
upon the ballot. Said title commissioners shall certify the 


ELECTION TICKETS AND BALLOTS. 


145 


said designation to the Secretary of State within ten days 
after said written objections have been received by them. The 
determination by the said Board of Title Commissioners shall be 
final and conclusive. Such questions, propositions, proposed Determina- 
law and constitutional amendments shall be designated on the board shall 
ballot by the said ballot title certified to the Secretary of State be finaL 
by the said Attorney General, or in case a different title has 
been prepared, certified and filed by the said Board of Title 
Commissioners, then such title shall be the title and designation 
by which any such question, proposition, proposed law or con¬ 
stitutional amendment shall be designated upon the ballot. 

4. All ballots shall be not to exceed twenty-four inches in ||j} ot of etc 
length, and shall be four inches in width and as many times 
such width as may be necessary to contain the names of all 
candidates nominated, with proper blank spaces to allow the 
voter to write in names not printed on the ballot, and also a 
separate column or columns of sufficient width for statements 
of all questions, propositions or constitutional amendments 
submitted to vote of the electors. Each group of candidates 
to be voted on shall be headed by the designation of the office 
and the words “vote for one” or “vote for .two” or more, accord¬ 
ing to the number to be selected to such office; such designation 
of the office and of the number of candidates to be voted for 
shall be printed in heavy faced gothic type not smaller than 
ten point. The word or words designating the office shall be 
printed flush with the left-hand margin and the words “vote 
for one” or “vote for two” or more, as the case may be, shall 
extend to the extreme right of the column and over the voting 
square. The designation of the office and the directions for 
voting shall be separated from the names of the candidates by 
a light line. The names of the candidates for such office shall 
be printed in eight point roman type (capitals) in proper order Type, 
below the designation of the office, and in the same line in 
which the name of the candidate is printed and at the right of 
the name, or immediately below the name if there shall not be 
sufficient space to the right thereof, shall be printed in eight 
point roman type (lower case) the designation of the political 
party or parties by or on behalf of which such candidate has been 
nominated; provided, that when a candidate has been nomi¬ 
nated by petition, the word “independent” shall be printed to 
the right of his name; and provided, also, that as to candidates 
for judicial offices and school offices the designation of the 
political party or parties, or the word “independent,” if there 
be an independent candidate, shall be omitted. The name of 
the candidate and the designation of the political party or 
parties by which he has been nominated shall be printed in a 
space one-half inch in depth, and shall be defined by light 
horizontal ruled lines, with a blank space on the right thereof 
one-half inch square, which blank space (called the voting 
square) shall be made use of by the voter to designate, by 


146 


CALIFORNIA ELECTION LAWS. 


Names not 
to be 
separated. 


Borders, 
perfora¬ 
tions, etc. 


Number on 
ballot to 
correspond 
with number 
on stub. 


General 

ticket. 


stamping a cross (X) therein and after the name of the 
candidate, his choice of particular candidates. 

5. The names of the candidates for an office shall not be 
separated from each other on the ballot by names of candidates 
for any other office, and the list of candidates for each office 
shall be separated from the list of candidates for other offices 
by a double rule above and below such list. Each series of the 
lists of candidates for the several offices shall be headed by the 
word “state,” “congressional,” “legislative,” “county,” or 
“municipal” or other proper general classification, as the case 
may be, printed in heavy faced gothic capital type, not smaller 
than twelve point, each such word being separated from the 
names of the candidates beneath by a three-point line. 

6. The left-hand side of each column of names on the ballot 
and also the right-hand side of each column of voting squares, 
shall be bordered by a broad printed line one-twelfth of an 
inch wide, and the edge of the ballot on the left-hand side 
thereof shall be trimmed off up to the first border or solid line 
on the left-hand side of the ballot, and on the right-hand side 
of the ballot shall be perforated along the border or solid 
line above described. The ballot shall be so printed as to give 
each voter a clear opportunity to designate by stamping a cross 
(X) in a blank enclosed space hereinbefore designated as the 
voting square, on the right of and after the name of each can¬ 
didate whose name is printed on the ballot, his choice of par¬ 
ticular candidates, or his choice of each and all of a group 
of candidates as provided in subdivision 2 of this section. The 
ballot shall be printed on the same leaf with a stub and sep¬ 
arated therefrom by a perforated line across the top of the 
ballot. On each ballot a perforated line shall extend from top 
to bottom, along the border or solid line hereinbefore described, 
one-half inch from the right-hand side of the ballot, and upon 
the half-inch strip thus formed there shall be no printing except 
the number of the ballot, which shall be upon the back of 
such strip in such position that it will appear on the outside 
when the ballot is folded. The number on each ballot shall 
be the same as that on the corresponding stub, and the ballots 
and stubs shall be numbered consecutively in each county. All 
ballots printed by County Clerks or Registrars of Voters other 
than the separate ballots containing the names only of candi¬ 
dates for city and county offices, printed by the County Clerks 
or Registrars of Voters of consolidated cities and counties, 
shall have printed on the back, below the stub and immediately 
at the left of the center of the ballot, in eighteen-point gothic 
capitals, the words “general ticket,” and underneath the re¬ 
spective number of congressional, senatorial and assembly dis¬ 
tricts in which each ballot is to be voted; and all ballots 
printed by County Clerks or Registrars of Voters of con¬ 
solidated cities and counties containing the names of can- 
dates for city and county offices, and also all ballots printed 


ELECTION TICKETS AND BALLOTS. 


147 


by the Clerks, Registrars of Voters or Secretary of a legislative 
body or any incorporated city or town, shall"have printed in 
the same manner, on the back, the words “municipal ticket.” 
All municipal ballots shall be printed upon paper of a different 
tint from that of the general ballot. 

7. All of the ballots of the same sort prepared by any 

County Clerk or Registrar of Voters, or Clerk or Secretary of a 
legislative body, or other person having charge of the pre¬ 
paring of such ballots, for the same polling place, shall be pre¬ 
cisely the same size, arrangement, quality and tint of paper, and 
kind of type, and shall be printed with black ink of the same 
tint, so that without the numbers on the stubs it shall be im¬ 
possible to distinguish any one of the ballots from the other 
ballots of the same sort; and the names of all candidates 

printed upon the ballot shall be in type of the same size and 

character. 

8. If two or more officers are to be elected for the same 

office for different terms, the term for which each candidate 
for such office is nominated shall be printed on the ballot as 
a part of the title of the office. If at a general election an 
office is to be filled for a full term, and also for a vacancy 

in another term, the list of candidates for the full term shall 

be placed on the ballot under the designation of the office with 
the words “full term” printed immediately thereafter, and the 
list of candidates to fill the vacancy shall be placed on the 
ballot under the designation of the office with the words “short 
term” printed immediately thereafter. 

9. Whenever any question, proposition or constitutional 
amendment is to be submitted to the vote of the electors, there 
shall be printed at the right of the last column of names of 
candidates, another column of sufficient width, with voting 
squares in which such question, proposition or constitutional 
amendment shall be designated, which designation shall consist 
of a statement prepared as hereinbefore provided for and 
opposite such question, proposition or constitutional amend¬ 
ment to be voted on, in separate lines, the words “Yes” and 
“No” shall be printed. If an elector shall stamp a cross (X) 
in the voting square after the printed word “Yes,” his vote 
shall be counted in favor of the adoption of the question, 
proposition or constitutional amendment, if he shall stamp a 
cross (X) after the printed word “No,” his vote shall be 
counted against the adoption of the same. 

10. On the top of the face of the ballot, the following di¬ 
rections shall be printed: 


Instructions to Voters : 

To vote for a candidate of your selection, stamp a cross 
(X) in the voting square next to the right of the name of such 
candidate. Where two or more candidates for the same 


Municipal 

Ticket. 

On paper of 
a different 
tint. 


Ballots of 
same size, 
print, etc. 


Two or more 
officers to 
be elected 
for same 
office for 
different 
terms. 


Full term. 


Short Term. 


Column for 
propositions. 


Directions to 
be printed at 
top of ballot. 



148 


CALIFORNIA ELECTION LAWS. 


Instructions 
to voters. 


Form of 
Ballot. 


office are to be elected, stamp a cross (X) after the name 
of all the candidates for that ofifce for whom you desire to 
vote, not to exceed, however, the number of candidates who 
are to be elected. If the ballot does not contain the names 
of candidates for all offices for which you may desire to vote, 
you may vote for candidates for such offices so omitted by 
writing the name of the candidate for whom you wish to vote 
in the blank space left for that purpose. To vote for a person 
not on the ballot, write the name of such person under the title 
of the office in the blank space left for that purpose. To 
vote on any question, proposition or constitutional amendment, 
stamp a cross (X) in the voting square after the word “Yes” 
or after the word “No.” All marks, except the cross (X) are 
forbidden. All distinguishing marks or erasures are forbidden 
and make the ballot void. If you wrongly stamp, tear or deface 
this ballot, return it to the Inspector of Election and obtain 
another. In elections when electors of President and Vice- 
President of the United States are to be chosen, there shall 
be placed upon the ballot in addition to the instructions to 
voters as above provided, an additional instruction as follows: 
To vote for all or a group of persons, stamp a cross (X) in 
the square opposite such group, this instruction appearing im¬ 
mediately before the words: “To vote for a person not on the 
ballot.” 

11. Except as to the order of the names of candidates, the 
ballots shall be printed substantially in the following form: 


3347 




3NI1 UaiVMCUM'U 





































































































































































































































GENERAL TICKET 

Seventh Congressional District 
Thirty-eighth Senatorial District 
Seventy-second Assembly District 













ELECTION TICKETS AND BALLOTS. 


149 


Sec. 1198. Ballots to be bound and recorded. (Amend¬ 
ment approved April 22, 1913.) All ballots, when printed, 
shall be bound in stub books, each book to consist of 
ten, or some multiple of ten, ballots and so issued. A 
record of the number of ballots printed by them shall be kept 
by the respective County Clerks, and by the Clerk or Secretary 
of the legislative body of each incorporated city or town. 


(Amendment approved April 22, 1913.) 

Sec. 1199. Number of ballots to be furnished. The County 
Clerk or Registrar of Voters of each county shall provide for 
each election precinct in the county ten general tickets for 
every eight or fraction of eight electors registered in the elec¬ 
tion precinct for such election; and an additional ten ballots 
for each election precinct that has less than thirty registered 
electors; provided, that no ballot pad used or provided for 
any election shall contain less than ten general tickets for such 
election, and in case of a consolidated city and county, an 
equal number of municipal tickets, when any city and county 
officers are to be elected and the Clerk or Secretary of the 
legislative body of any incorporated city or town shall furnish 
a like number of municipal tickets when any city or town 
officer is to be elected. And upon the day of election, im¬ 
mediately upon the arrival of the hour when the polls are re¬ 
quired by law to be closed, the County Clerk in each county 
shall openly, in his main office, in the presence of as many 
persons as may there assemble to observe his act, proceed to 
destroy every unused ballot which shall have remained in his 
possession, custody or control, and forthwith make and file 
his affidavit, in writing, as to the number of ballots so de¬ 
stroyed. (Amended April 22, 1913.) 

Sec. 1200. Error or omission in name of candidate. When¬ 
ever it shall appear by affidavit that an error or omission has 
occurred in the publication of the name or description of the 
candidates nominated for office, or in the printing of the ballots, 
the Superior Court of the county, or the Judge thereof, shall, 
upon application by any elector, by order, require the County 
Clerk to correct such error, or to show cause why such error 
should not be corrected. 

Sec. 1201. Delivering ballots. Before the opening of the 
polls at any election within any county, the County Clerk of 
the county shall cause to be delivered to the Boards of Elec¬ 
tion of each election precinct which is within the county, and 
in which the election is to be held, at the polling place of the 
election precinct, the proper number of general tickets of the 
kind to be used in the election precinct, in sealed packages, with 
marks on the outside clearly designating the precinct or polling 


County Clerk 
to destroy 
unused 
ballots. 


Affidavit. 


County Clerk 
to correct. 


By County 
Clerk, to 
Boards of 
Elections. 


150 


CALIFORNIA ELECTION LAWS. 


In case of 
consolidated 
city and 
county 
election. 


In case of 
prevention of 
jlection by 
loss or de¬ 
struction of 
ballots. 


Governor to 
order new 
election. 


Ballot box to 
5e labeled. 


Number of 
voting 
booths 
required. 


place, for which they are intended, and the number of ballots 
inclosed, and in case of a consolidated city and county, also 
a like number of municipal tickets; and the Clerk or Secretary 
of any incorporated city or town shall in like manner cause 
to be delivered the proper number of municipal tickets. The 
County Clerk, Clerk, or Secretary shall prepare a receipt for 
each polling place, enumerating the packages and stating the 
time and day and date when the same were delivered by him 
to the Inspectors of Election. The Inspectors of Election 
shall sign said receipt upon receipt of the packages, which shall 
forthwith be returned and filed. The County Clerk, Clerk, and 
Secretary, respectively, shall have authority to employ such 
messengers as may be necessary to insure the safe and ex¬ 
peditious delivery of the ballots to the Inspectors or Judges of 
Election, as provided in this Code, and the Board of Super¬ 
visors, or other board or body having the control of elections, 
shall allow such messengers a reasonable compensation for their 
services, to be paid as other election expenses are paid. In 
case of the prevention of an election in any precinct by the loss 
or the destruction of the ballots intended for that precinct, the 
Inspector, or other election officer for that precinct, shall make 
an affidavit setting forth the fact, swear to the same before 
an officer authorized to administer oaths, and transmit it to 
the Governor of this State. Upon receipt of such affidavit, the 
Governor may order a new election in such precinct, and upon 
the application of any candidate for any office to be voted 
for by the electors of such precinct, the Governor shall order a 
new election in such precinct. 

Sec. 1203. Ballot boxes, booths for voters, etc. All officers 
upon whom is imposed, by law of the State, the duty of 
designating polling places, shall cause such polling places to be 
suitably provided with a ballot-box, to be marked on the outside 
“General Tickets,” and when any city, city and county, or 
town officers are to be elected, a second ballot-box to be 
marked on the outside “Municipal Tickets”; and shall also 
provide a sufficient number of places, booths, or compartments, 
at or in which voters may conveniently mark their ballots, so 
that in the marking thereof they may be screened from the 
observation of others; and a guard-rail shall be so constructed 
and placed that only such persons as are inside said rail can 
approach within six feet of the ballot-boxes, and of such 
booths or compartments. The arrangements shall be such 
that neither the ballot-boxes nor the box booths or compart¬ 
ments shall be hidden from the view of those just outside the 
said guard-rail. The number of such voting booths or com¬ 
partments shall not be less than one for every forty electors 
qualified to vote in the precinct. No person other than electors 
engaged in receiving, preparing, or depositing their ballots 
shall be permitted to be within said rail before the closing of the 
polls, except by authority of the Board of Election, and then 


POLITICAL CODE. 


151 


only for the purpose of keeping order and enforcing the law. 
Each of said voting booths or compartments shall be kept 
provided with proper supplies and conveniences for marking 
the ballots. And the election officers shall especially see that 
the stamps and ink-pads required are at all times in such 
booths and in condition for proper use; and all officers upon 
whom is imposed by the law, the duty of designating polling 
places shall supply each polling place with several stamps and 
several ink-pads for each booth, and such stamps shall be so 
made that a cross (X) may be made with either end of such 
stamp, and the same must be so constructed that the portion 
with which such cross (X) is to be made shall not be fastened 
on by any glue or like substance which may loosen when 
wet, but the said stamp shall be one solid piece. (In effect 
March 28, 1895.) 

Sec. 1204. Manner of voting. (Amendment approved 
June 14, 1913.) Any person desiring to vote shall write 
his or her name and address (or if he or she be un¬ 
able to write, shall have the same written for him or her) 
on a roster of voters provided for that purpose and announce 
the same to one of the election officers, who shall then in 
an audible tone of voice announce the same, and if another 
election officer finds the name on the register, he shall in a 
like manner repeat the name and address, whereupon a 
challenge may be interposed as provided in Section 1230 of 
this code. In case the surname of any female person offering 
to vote has been changed by reason of marriage or divorce 
since registration such person shall sign her name as it was 
before such marriage or divorce and also her name as it 
is at the time she votes, indicating on the roster, by brackets 
or other means, that the two names are the names of one 
person. In all cases except in those where the name and 
address of the voter is written on the roster of voters 
for him, as above provided, it shall be the duty of the 
election officer, in the presence and view of the bystanders, 
to compare the signature of the voter on the roster of 
voters with the signature of that person on the register and 
no ticket shall be given such voter until such comparison of 
signatures shall have been made, and until such a comparison 
has been made, as aforesaid, the right of a voter to vote may 
be challenged. If the challenge be overruled the election 
officer shall give the voter a ticket and the Clerk shall write 
on the register opposite the name of the voter the number of 
the general ticket given him and also the number of the munic¬ 
ipal ticket given him when any city, city and county or town 
officer is to be elected and the voter shall be allowed to enter 
the place enclosed by the guard rail as above provided. The 
election officer shall give him but one general ticket and where 
any city, city and county or town officers are to be elected 
also one municipal ticket and only one ballot of each kind 


Voting 
booths to 
be provided 
with proper 
supplies. 


In case 
name is 
changed by 
marriage, etc. 


Roster to 
show. 


Signatures to 
be compared. 


152 


CALIFORNIA ELECTION LAWS. 


Ballots not 
marked with 
stamp pro¬ 
vided by law 
not to be 
counted. 


How voter 
shall pre 
pare ballot. 


Folding of 
ballot. 


Number and 
endorsement 
to appear on 
outside. 


Numbered 
slip to be 
destroyed. 


and in order to prevent voters from marking their ballots with 
a pencil, or otherwise contrary to law, it shall be the duty of 
the election officer whenever he shall deliver a ballot to any 
voter to then orally distinctly state to him, so that it may be 
heard by the bystanders, that he must mark the ballot with 
the stamp provided by law or it will not be counted. (Amended 
March 6, 1889; March 18, 1905; January 9, 1912; June 14, 1913.) 

Sec. 1205. Same. On receiving his ballot the elector shall 
forthwith, and without leaving the enclosed space, retire alone 
to one of the places, booths or compartments provided to pre¬ 
pare his ballot. In voting he shall stamp a cross (X) in the 
voting square after the name of every candidate for whom he 
intends to vote, and this shall be counted as a vote for each 
person after whose name the voter has stamped such cross, 
or he may vote for a candidate or person whose name is not 
printed on the ballot by writing a name for such office in the 
blank space left therefor, in which latter case the vote of such 
voter for that office shall be counted for the person whose 
name is so written. Where two or more candidates for the 
same office are to be elected, and the voter desires to vote 
for candidates for that office, he must stamp a cross (X) after 
the names of all the candidates for that office for whom the 
voter desires to vote, not exceeding, however, the number of 
candidates who are to be elected. 

In case of a question, proposition or constitutional amend¬ 
ment, submitted to the vote of the electors, the voter shall mark 
his ballot by stamping in the appropriate voting square a 
cross (X) opposite the answer he desires to give as to such 
question, proposition or constitutional amendment. All crosses 
shall be made only with a stamp, which with necessary pads 
and ink, shall be provided by the officers who by law are re¬ 
quired to furnish election supplies for each booth or compart¬ 
ment provided for the marking and preparation of ballots. 
Before leaving such booth or compartment the elector shall 
fold his ballot in such a manner that the number of the ballot 
and the endorsement on the back shall appear on the outside 
thereof, without displaying the marks on the face thereof, and 
shall keep it folded until he has voted. Having folded his 
ballot, the voter shall deliver it folded to the Inspector, who 
shall announce in an audible tone of voice the name of the 
voter and the number of his ballot. If the Ballot Clerk having 
in charge the register or affidavits of registration finds such 
number to correspond with the number marked opposite the 
voter’s name on the register or affidavit of registration, he 
shall, in like manner repeat the name and number, and shall 
write opposite the name the word “voted.” The Inspector 
shall then separate the slip containing the number from the 
ballot, deposit the ballot in the box and immediately destroy 
such numbered slip. (Amendment approved March 20, 1911.) 
96 Cal. 372; 108 Cal. 109; 136 Cal. 400; 138 Cal. 22; 
145 Cal. 333; 11 Cal. App. 586. 


POLITICAL CODE. 


153 


Sec. 1206. Occupancy of booth. —Not more than one person 
shall be permitted to occupy any one booth at one time, and no 
person shall remain in or occupy a booth longer than necessary 
to prepare his ballot, and in no event longer than ten minutes. 

Sec. 1207. Spoiled or unused ballots. Any voter who shall 
spoil a ballot shall return such spoiled ballot to the Ballot Clerk 
and receive another one in its place, one at a time, not to 
exceed three in all. All the ballots thus returned shall be im¬ 
mediately canceled, and, with those not distributed to the 
voters, shall be returned with the registered list and ballots, as 
now provided in sections one thousand two hundred and sixty- 
three and one thousand two hundred and sixty-four of this 
Code. Every elector who does not vote the ballot delivered to 
him shall, before leaving the polling place, return such ballot 
to the Ballot Clerks having charge of the ballots, who shall im¬ 
mediately cancel the same and return them in the same manner 
as spoiled ballots. The Ballot Clerks shall account for the 
ballots delivered to them by returning a sufficient number of 
unused ballots to make up, when added to the number of 
official ballots cast and the number of spoiled ballots returned, 
the number of ballots given to them, and it shall be the duty of 
the officers receiving such returned ballots to compel such an 
accounting; and immediately upon the closing of the polls, 
and before any ballot shall be taken from the ballot boxes, or 
either thereof, the Ballot Clerks must, in the presence of all per¬ 
sons in the room who may desire to observe the same, proceed 
to deface every unused or spoiled ballot, by drawing across 
the face thereof, in writing ink, with a pen, two lines which 
shall 'cross each other, and said Ballot Clerks shall thereupon 
immediately, and before any ballots be taken from the ballot- 
box, or either thereof, place all said ballots thus defaced within 
an envelope and seal said envelope, and thereupon a majority 
of the election officers shall immediately write their names 
across the sealed portion of said envelope. (Amendment ap¬ 
proved March 28, 1895; in effect immediately.) 

46 Cal. 405; 91 Cal. 531; 108 Cal. 110; 138 Cal. 21. 

Sec. 1208. Illiterate or helpless voters, how assisted. When 
it appears from the register that any elector has declared 
under oath, when he registered, that he cannot read, or that by 
reason of physical disability he is unable to mark his ballot, 
he shall, upon request, receive the assistance of two of the 
officers of election, of different political parties, in the marking 
thereof, to be chosen as follows: One by the Inspector then 
receiving the ballots, and the other by the Judge of the opposite 
political partv which at the last election cast the highest num¬ 
ber of votes' throughout the State, and in the event there are 
more Tudges than one of said party, then by the one of said 
Tudo-es who shall be named by said Inspector. Neither of the 
persons appointed shall be of the same political party with the 
person appointing, nor shall either of said persons so making 


Time 
allowed 
for voting. 


Ballot clerk 
to cancel. 


Duty of 
election 
officer on 
receipt of 
returned 
ballots. 


154 


CALIFORNIA ELECTION LAWS. 


Election 
officers’ oath 
before 
assisting 
voter. 


Form. 


Lists of 
voters as¬ 
sisted to be 
preserved. 


said appointments appoint the other for said purposes. Such 
officers shall thereafter give no information regarding the 
marking of said ballot. The officers making such appoint¬ 
ments shall make the same in writing, and sign the same, and 
upon the same paper the persons so appointed shall subscribe 
and take the following oath before assisting such elector: 

State of California, County of., Assembly district 

number ., .. precinct.—ss. 

. and ., being duly sworn, each 

for himself, says that he is one of the officers of election ap¬ 
pointed to assist . (here insert name of the 

elector) in marking his ballot, and that he will not give any in¬ 
formation, now or hereafter, regarding the same. 


Subscribed and sworn to before me, this . day of 

.., A. D. 


Said affidavits may be sworn to before any officer of election 
competent to administer an oath, and the same, with the in¬ 
dorsements thereon, shall be returned to the County Clerk, as 
provided in section one thousand two hundred and sixty-one 
of this Code. 

Lists of the voters who have been assisted in marking their 
ballots shall be kept by the Clerks keeping the poll lists, and 
shall be returned and preserved as the poll lists are returned 
and preserved. As amended March twenty-third, eighteen hun¬ 
dred and ninety-three. (Amendment approved March 28, 1895; 
in effect immediately.) 

46 Cal. 405; 92 Cal. 136; 108 Cal. 113; 121 Cal. 482; 136 
Cal. 274; 145 Cal. 327, 335. 

Sec. 1209. Removal of slip from ballot. No member of the 
Board of Election shall deposit in the ballot-box any ballot 
from which the slip containing the number of the ballot has 
not been removed by the Inspector. 

Sec. 1210. Mailing of sample ballots to voters; Instruction 
cards. The County Clerk of each county, or, in case of sep¬ 
arate city or town elections, the Clerk or Secretary of the 
legislative body of such city or town, shall cause to be 
printed, on plain white paper, without watermark, at least as 
many copies of the form of ballots provided for use in each 
voting precinct as there shall be registered voters in such 
precinct. Such copy shall be designated “sample ballot” upon 
the face thereof. Said Clerk or Secretary shall commence to 
mail the same, postage prepaid, to registered voters ten days 
before the day fixed by law for such election, and shall have all 
of the same mailed at least five whole days before the day of 
election; provided, that not more than one sample ballot shall 
be furnished to any one voter; and, further provided, that for 














POLITICAL CODE. 


155 


# 

any general election the number of sample ballots printed shall 
not exceed the total registration by more than fifteen per cent 
of such registration, and that for any primary election the 
number of sample ballots printed for any party shall not ex¬ 
ceed the total registration of such party by over twenty per 
cent of such registration. Such Clerk or Secretary shall also 
enclose with each of said ballots the voting number of such 
elector and the location of his precinct polling place. Only 
official matter shall be sent out in such envelope. Such Clerk 
or Secretary shall cause to be printed in large, clear type, on 
cards, instructions for the guidance of electors in obtaining 
and marking their ballots, and he shall furnish twelve such 
cards to the Board of Election in each election precinct in his 
county, at the same time and in the same manner as the 
printed ballots and sample ballots. The Board of Election 
shall post at least one of such cards in each booth or com¬ 
partment provided for the preparation of ballots, and not less 
than three of such cards at other places in and about the 
polling place, on the day of election. Sections twelve hundred 
and fourteen and twelve hundred and fifteen of this code, and 
section sixty-one of the Penal Code, shall also be printed on 
each of said cards. (Amended March 20, 1899; April 12, 1911; 
January 9, 1912; June 14, 1913.) 

Sec. 1211. Void, or snoiled ballots. 1. In canvassing the 
votes any ballot which is not made as provided in this Act 
shall be void; but such ballot must be preserved and returned 
with the other ballots; provided, however, that two or more 
impressions of the voting stamp in one voting square, or a 
cross (X) made partly within and partly without a voting 
square or space, shall not make such ballot void. Any name 
written upon a ballot shall be counted for such name for the 
office under which it is written, provided it is written in the 
blank space therefor, whether or not a cross (X) is stamped 
in the voting square after the name so written. 

2. If a voter marks more names than there are persons 
to be elected to an office, or if, for any reason, it is impossible 
to determine the voter’s choice for any office to be filled, his 
ballot shall not be counted for such office. 

3. If a voter stamps in the voting square after the name of 

anv candidate and also writes the name of a person for such 
office in the blank space, such act does not invalidate his 

ballot, but his vote shall not be counted for any person for 

that office, but as to all other offices the ballot must be 

counted for the candidates opposite whose names the ballot is 
stamped in the voting squares. 

4. No mark upon a ballot which is unauthorized by this 

Act shall be held to invalidate such ballot, unless it shall 

appear that such mark was placed thereon by the voter for 
the ourpose of identifying such ballot. (Approved March 14, 
1903; amended March 20, 1911.) 


Number of 
sample 
ballots 
printed. 


Instruction 

jards. 


Marking too 
many names 
on ballot. 


156 


CALIFORNIA ELECTION LAWS. 


Voters Not 
to show- 
contents of 
ballot. 


t> 

Sec. 1212. Time allowed from employment or service for 
voting. Any person entitled to vote at a general election held 
within this State shall, on the day of such election, be entitled 
to absent himself from any service or employment in which 
he is then engaged or employed, for the period of two con¬ 
secutive hours between the time of opening and the time of 
closing the polls; and such voter shall not, because of so ab¬ 
senting himself, be liable to any penalty, nor shall any de¬ 
duction be made on account of such absence from his usual 
salary or wages. 

Sec. 1213. Certificate of nomination, destruction of or false 
making of. No person shall falsely mal^e or fraudulently de¬ 
face or destroy any certificate of nomination,' or any part 
thereof, or file any certificate of nomination, knowing the same 
or any part thereof to be falsely made, or suppress any cer¬ 
tificate of nomination which has been duly filed or any part 
thereof, or to make, use, keep, or furnish to others, except as 
in this Code so directed, any paper watermark in imitation of 
ballot paper, or disclose the same to any person not engaged in 
making, printing or distributing of ballot paper or ballots. 

Sec. 1214. No supplies to be destroyed. No person shall, 
during an election, remove or destroy any of the supplies or 
other conveniences placed in the voting booths or compart¬ 
ments, as provided in this Code, for the purpose of enabling 
the voter to prepare his ballot. No person shall, during an 
election, remove/tear down, or deface the cards printed for the 
instruction of voters. 

(Amendment approved June 14, 1913.) 

Sec. 1215. Disclosing name of candidate, electioneering, etc. 

No officer of election shall disclose to any person the name 
of any candidate for whom any elector has voted. No officer 
of election, nor any person, shall do any electioneering on 
election day within one hundred feet of any polling place. Un¬ 
less otherwise provided by law no person shall remove any 
ballot from any polling place before the closing of the poll. Un¬ 
less otherwise provided by law no person shall apply for or 
receive any ballot at any election precinct other than that in 
which he is entitled to vote. No person shall show his ballot 
after it is marked to any person in such a way as to reveal 
the contents thereof, or the name or names of the candidate or 
candidates for whom he has marked his ballot; nor shall any 
person, except a member of the board of election, receive from 
any voter a ballot prepared by such voter, or examine such 
ballot, or solicit the voter to show the same. No person shall 
ask another at a polling place for whom he intends to vote. 
Unless otherwise provided by law no voter shall receive a 
ballot from any other person than one of the election officers; 
nor shall any other person than an election officer, or other 
officer authorized by law so to do, deliver a ballot to such 


I 



SUPPLEMENTARY INDEX 

TO 

Voting and Challenges 

Sec. 1224—1243. 


Sec. 1224. 


(Page 157 to Page 161). 

Voting, When to Commence and Continue 

Challenges ... 

Commence Voting When . 

How Long to Continue . 

Manner of Voting . 

May Commence, When . 

When to Commence ... 


Page 

.157 

.157 

.157 

.157 

.157 

.157 


Sec. 1229. Clerk to keep List of Voters ...157 

Voting, List of, Keeping of ...157 

Voting, Manner of .1.157 

Sec. 1230. Grounds for Challenging Voters .157 

Challenge, may be Oral .157 

Challenges, Grounds for ..:. 157 

Voting, Manner of .158 

Sec. 1231. Proceedings on Challenge for Want of Identity.158 

Challenge, Because of Want of Identity. Oath on.158 

For Want of Identity, Proceedings on .158 

Of Voter, Not the One Whose Name is on the 
Great Register, Oath of .158 

Sec. 1232. Proceedings on Challenge for Non-Residence in State.158 

Absence from State, When a Cause For .158 

Challenge, for Nonj-residence in State ..158 

Grounds of . 158 

Duty of Inspector ..158 

When Residence in State is Challenged.158 

Sec. 1233. Proceedings on Challenge for Non-residence in County 

and Precinct .158 

Challenge, for Non-residence in County for Ninety Days....158 
For Non-residence in Precinct for Thirty Days....l58 

Grounds of .158 

When Residence in Precinct is, Proceedings on....l59 

Sec. 1234. Challenge for Having Before Voted .159 

On Ground, That Person has Already Voted.159 

When Previously Voted That Day, Proceedings on.159 

Duty of Inspector .159 

Oath, Form of .*.159 

Sec. 1235. Challenge on Ground of Conviction of Crime, or Inability 

to Read .159 

Crime, Convicted of, Proceedings for .159 

Grounds of . 159 

How Determined or Tested .159 

Illiteracy, Proceedings . 159 

Test of, Manner of Procedure .159 

Voting and Challenges .*...159 

Sec. 1236. Challenges, How Determined .159 

Determination of .159 

For Want of Identity, Proceedings on .159 

Grounds of .159 

Oath Determines in Favor of Voters in what Cases.159 

On Ground that Person has Already Voted, Oath on.159 



















































SUPPLEMENTAL INDEX TO VOTING AND CHALLENGES. 

(Page 157 to Page 161.) Page 

Sec. 1237. Challenge on the Ground that Person is not the Person 

whose Name is on the Great Register..159 

Determination of, by the Board of Election at -Time of 

Challenge .159 

For Want of Identity, Voter to take Oath, How 

determined .:.159 

How tried and Determined .159 

Sec. 1238. Challenges, Refusal to be Sworn .._..160 

Grounds of . 160 

Oath, Refusal to Answer Questions .160 

to be Sworn .160 

to take . 160 

to take Oath ...160 

Voter refusing to take Oath or Answer Questions not 

allowed to Vote .160 

When Vote is to be Rejected .160 

Sec. 1239. Rules for Determining Place of Residence.—(Note see also 
section 52 on page 72 and section 129-103-104-156 on 

Page 72-73) . 160 

Board of Election to Determine, How Governed....'.160 

How to Determine Residence of Voter .160 

Questions of Residence, Determination of .160 

Residence, Absence not Affecting, When.160 

How Computed . 160 

Of Man having Family who takes Abode 

elsewhere .160 

Of Voter, Rules for Determining .160 

Rules for Determining .160 

Student does not Gain or Lose.160 

While Engaged Elsewhere . 160 

11 Engaged in Navigation .160 

” kept in Asylum .160 

” ” ” Prison .160 

Voter, Residence of .>.160 

Sec. 1240. Term of Residence, How Computed .161 

Board of Election, How to Determine Residence of Voter..l61 

Challenges, Residence, Term of .161 

Residence, Term of, How Computed .161 

Sec. 1241. Rules must be read if Requested ..'.161 

Board of Election, How to Determine Residence of Voter....161 

Duty of Inspector before Administering Oath ....161 

Residence, Reading Rules governing before Administering 

oath as to . 161 

Voter, Residence of .161 

Oath of, Conserning Residence .161 

Sec. 1243. List of Challenges to be Kept .161 

Challenges, Grounds of .161 

List of, to be kept .161 

List by Whom to be Kept .161 

Result of .161 

Voting, Names of Persons Challenged.161 











































POLITICAL CODE. 


157 


\oter. No voter shall deliver to the board of election, or to any 
member thereof, any ballot other than the one he has received 
from the election officer or other officer duly authorized by 
law to furnish him with such ballot. No voter shall place any Jo 01 Loewis 
mark upon his ballot by which it may be afterwards identified tinguishing 3 
as the one voted by him. No person shall solicit a vote or ^liot. ° n 
speak to a voter on the subject of marking his ticket within 
one hundred feet of the polling place. (Amended July 1, 1891 ; 

June 14, 1913.) 

Sec. 1216. Registrar of Voters, Boards of Election Commis¬ 
sioners, powers and duties of. In all counties, and cities and 
counties, in this State, having a Registrar of Voters and a 
Board of Election Commissioners, the powers conferred and 
the duties imposed by this Code upon the County Clerks and 
other officers, in relation to matters of election and polling 
places, shall be exercised and performed by such Registrar of 
Voters and Board of Election Commissioners, and all certificates 
of nomination, nomination papers, or election papers, required 
by this Code, or by law to be filed with or presented to the 
County Clerk shall be filed with or presented to the Registrar 
of Voters; and the deputies or clerks in the office of the 
Registrar of Voters acting under the orders of the Registrar 
of Voters, or the Election Commission shall have all the 
powers of the deputies of the County Clerk in matters relating 
to elections. (Amendment approved May 1, 1911.) 

97 Cal. 84; 111 Cal. 305. 


CHAPTER IX. 


VOTING AND CHALLENGES. 


Sec. 1224. Voting, when to commence and continue. Voting 
may commence as soon as the polls are opened, and may be 
continued during all the time the polls remain open. 

(Note Sections 1225-1226-1227 and 1228 repealed by impli¬ 
cation of Act of March 14, 1903, also Act of March 20, 1911, 
amending Section 1205 of the Political Code. Rule for impli¬ 
cation of repeal decided, Dillon vs. Bicknell, 116 Cal. Ill, and 
cases therein. See Section 1205, on page 152 of this volume.) 

Sec. 1229. Clerk to keep list of voters. Each clerk must 
keep a list of persons voting, and the name of each person who 
votes must be entered thereon and numbered in the order of 
voting. 

Sec. 1230. Grounds for challenging voters. (Amendment 
approved May 23, 1913.) A person offering to vote may be 
orally challenged by any elector of the 'county upon either or all 
of the following grounds: 





158 


CALIFORNIA ELECTION LAWS. 


1. That he or she is not the person whose name appears on 
the register. 

2. That he or she has not resided within the State one year 
next preceding the election. 

3. That he or she has not been a naturalized citizen of the 
United States for ninety days prior to the election. 

4. That he or she has not resided within the county for 
ninety days preceding the election. 

5. That he or she has not resided within the precinct for 
thirty days next preceding the election. 

6. That he or she has before voted that day. 

7 . That he or she has been convicted of an infamous crime. 

8. That he or she has been convicted of the embezzlement 
or misappropriation of public money. 

9. That he or she can not read as required by the consti¬ 
tution, and does not appear by statement in the affidavit of 
registration to be entitled to vote notwithstanding such in¬ 
ability. 

Sec. 1231. Proceedings on challenge for want of identity. 

If the challenge is on the ground that he is not the person 
whose name appears on the Great Register, the Inspector must 
tender him the following oath: 

“You do swear (or affirm) that you are the person whose 
name is entered on the Great Register.” 

Sec. 1232. Proceedings on challenge for non-residence in 
State. If the challenge is on the ground that he has not resided 
in the State for one year next preceding the election, the per¬ 
son challenged must be sworn to answer questions, and, after 
he is sworn, the following questions must be propounded to 
him by the Inspector: 

1. Have you resided in this State for one year immediately 
preceding this election? 

2. Have you been absent from this State within one year 
immediately preceding this election? If yes, then, 

3. When you left, did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remaining 
away? 

4. Did you, while absent, regard this State as your home? 

5. Did you, while absent, vote in any other State? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. (In effect April 16, 1880.) 

Sec. 1233. Proceedings on challenge for non-residence in 
precinct. If the challenge is on the ground that he has not 
resided in the county for ninety days, or precinct for thirty 
days next preceding the election, the person challenged must 
be sworn to answer questions, and, after he is sworn, the 
following questions must be propounded to him by the In¬ 
spector : 


POLITICAL CODE. 


159 


1. When did you last come into this county or election pre¬ 
cinct? 

2. When you came into this county or precinct, did you 
come for a temporary purpose merely, or for the purpose of 
making it your home? 

3. Did you come into this county or precinct for the purpose 
of voting here? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. (In effect April 16, 1880.) 

Sec. 1234. For having before voted. If the challenge is on 
the ground that the person challenged has before voted that 
day, the Inspector must tender to the person challenged this 
oath: 

“You do swear (or affirm) that you have not before voted 
this day.” 

75 Cal. 628. 

(Amendment approved May 23, 1913.) 

Sec. 1235. Test on challenge, manner of procedure. If the 

challenge is on the ground that the person challenged has been 
convicted of an infamous crime, or that he or she has been 
convicted of the embezzlement or misappropriation of public 
money, he or she must not be questioned, but the fact may be 
proved by the production of an authenticated copy of the record, 
or by the oral testimony of two witnesses. If the challenge is 
on the ground that the person challenged can not read as re¬ 
quired by the constitution, and it does not appear by the state¬ 
ment in the affidavit of registration that said person is en¬ 
titled to vote notwithstanding such inability, the challenge 
shall be determined by the board by the inspection of the said 
affidavit, and by requiring the person offering to vote (if it does 
not appear from said affidavit that the person is entitled to 
vote notwithstanding such inability) to read any consecutive 
one hundred words of the constitution of the State selected by 
the judges, 

Sec. 1235. Challenges, how determined. Challenges upon 
the ground either: 

1. That the person challenged is not the person whose name 
appears on the Great Register: 

2. That the party has before voted on that day—are deter¬ 
mined in favor of the party challenged by his taking the oath 
tendered. 

Sec. 1237. Challenge on the ground that person is not the 
person whose name is on the Great Register. If the challenge 
is on the ground that the person challenged is not the person 
whose name appears on the Great Register, he must take the 
oath tendered by the Board. Challenges for causes other than 
those specified in the preceding section must be tried and deter¬ 
mined by the Board of Election at the time of the challenge. 
(Amendment approved April 16, 1880; in effect immediately.) 


160 


CALIFORNIA ELECTION LAWS. 


Habitation 

fixed. 


While 

engaged 

elsewhere. 


Same. 


When pre¬ 
cinct is 
temporary 
home. 


Removal to 

another 

state. 


Same. 


Place where 

family 

resides. 


Man having 
family who 
takes up 
abode 
elsewhere. 


Sec. 1238. If person challenged refuses to be sworn vote to 
be rejected. If any person challenged refuses to take the oaths 
tendered, or refuses to be sworn and to answer the questions 
touching the matter of residence, he must not be allowed to 
vote. 

Sec. 1239. Rules for the determination of questions of resi¬ 
dence. The Board of Election, in determining the place of 
residence of any person, must be governed by the following 
rules, as far as they are applicable: 

1. That place must be considered and held to be the resi¬ 
dence of a person in which his habitation is fixed, and to which, 
whenever he is absent, he has the intention of returning. 

2. A person must not be held to have gained or lost resi¬ 
dence by reason of his presence or absence from a place while 
employed in the service of the United States, or of this State, 
nor while engaged in navigation, nor while a student at any 
institution of learning, nor while kept in an almshouse, asylum, 
or prison; 

3. A person must not be considered to have lost his resi¬ 
dence who leaves his home to go into another State, or pre¬ 
cinct in this State, for temporary purposes merely, with the 
intention of returning. 

■ 4. A person must not be considered to have gained a resi¬ 
dence in any precinct into which he comes for temporary pur¬ 
poses merely, without the intention of making such precinct his 
home; 

5. If a person remove to another State with the intention 
of making it his residence, he loses his residence in this State; 

6. If a person remove to another State with the intention 
of remaining there for an indefinite time, and as a place of 
present residence, he loses his residence in this State, notwith¬ 
standing he entertains an intention of returning at some future 
period; 

7. The place where a man’s family resides must be held to 
be his residence; but if it be a place for temporary establish¬ 
ment for his family, or for transient objects, it is otherwise. 

8. If a man have a family fixed in one place, and he does 
business in another, the former must be considered his place 
of residence; but any man having a family, and who has taken 
up his abode with the intention of remaining, and whose family 
does not so reside with him, must be regarded as a resident 
where he has so taken up his abode. 

9. The mere intention to acquire a new residence without 
the fact of removal, avails nothing: neither does the fact of 
removal, without the intention. (Amendment approved March 
27, 1897: in effect immediately.) 

83 Cal. 80: 120 Cal. 638; (subd. 4) 145 Cal. 328; (subd. 
9) 145 Cal. 328, 691. 

(Note: Also see Sec. 52, page 83, this volume.) 


SUPPLEMENTAL INDEX 

TO 

Canvassing and Returning the Vote 

Sections 1252—1268. 


SUPPLEMENTAL INDEX TO 
CANVASSING AND RETURNING THE VOTE 

(Page 161 to Page 166.) Page 

Sec. 1252. Canvass to be Public and without Adjournment .161 

Commence as soon as Polls are Closed .161 

Ballots, counting of .—.161 

Duty of Election Judges .161 

Of Returns .-.161 

To be Public, by Election Officers .161 

Voting, Canvass of .161 

When to Commence .161 

Sec. 1253. Canvass, How Commenced .161 

Ballots, Counting of . 161 

Ballot Box, Removal of Voted Ballots from .161 

Duty of Inspector .161 

Of Votes, Commences in what Manner .161 

Of Votes, Counting of Ballots .161 

Returns, Canvass of, How Commenced .161 

Sec. 1254. Ballots, When Two or More are Found Folded Together.161 

Counting of Votes . 161 

Folded Together, Disposition of . 161 

Proceedings in Case .161 

If Cast by one Voter, to be Rejected .161 

Returns, Canvass of . 161 

To be Laid Aside Until Count is Completed .161 

Sec. 1255. Ballots, Destruction of Number in Excess of Names on Lists..162 

Canvass of Votes, Preparing Lists .162 

Comparing Lists of Voters .162 

Counting of .162 

Destruction of those, Exceeding Names Voted.162 

Duty of Boards of Election .162 

Lists of Voters', Comparing .162 

Poll-lists, Record thereon of Destroyed Ballots .162 

- Canvass of Votes, Comparing -Lists .162 

Replacing in Ballot-box .162 

Proceedings where there are too Many .162 

Number exceed Name on Lists .162 

Sec. 1256. Lists to be Signed, How .....162 

Ballots, Counting of . 162 

Canvass of Votes, Comparing Lists .162 

Duty of Election Officers ..'..162 

How to be Signed . 162 

Number of Names to be Set Down in Figures .162 

Returns, Canvass of .162 

Votes, Canvass of . 162 

Sec. 1257. Counting the Votes, or Ballots .:.162 

Ballots, How Counted .162 

Canvass of Votes .;..162 

Canvassing of Returns, Counting of Votes v .162 

Cause of Rejection to be Indorsed on Rejected -Ballots.162 

Duties of Election Officers .162 

General Ticket, Counting of .162 

to be counted before Municipal Ticket....162 

Municipal Ticket, Counting of . 162 

Returns, Canvass of .162 

Sec. 1258. Tally of Vote .162 

Ballot read and Tally Sheet to be within View.162 

Clerk must Keep .162 

How Made . 162 

Recording of Votes .162 

Tallies, How Kept . 162 

Vote, Recording of .162 



























































SUPPLEMENTAL INDEX TO 
CANVASSING AND RETURNING THE VOTE 

(Page 161 to Page 166.) 

Sec. 1?59. Tickets Voted to be Strung and Enclosed, In Sealed Page 

Envelopes, and not to be Examined Thereafter ......163 

Ballots, to be strung .163 

Ballots to be Enclosed in Sealed Envelopes .163 

Disposition of Ballots .163 

Duty of Each Member of the Election Board.163 

Sec. 1260. Lists of Election Returns .163 

Canvassing of Returns, Return List .163 

Return List of Voters .163 

Votes, Return List of .163 

Sec. 1261. Papers to be Sealed up and Copy of Result sent County 

Clerk . 163 

Board to post copy of Posted Result of Votes outside of 

Polling Place .163 

Board to transmit unsealed to County Clerk copy of Result 

of Votes Cast .163 

Canvassing of Returns .163 

Copy of Result of Votes Cast to be Open to Public 

Inspection .163 

Copy of Result of Votes to be Signed by Board, and 

attested by Clerks . 163 

County Clerk to Receive .163 

Election Board, Duty of .163 

Misdemeanor to Remove Copy of Posted Result of Votes 

cast . 163 

Sealing of Voting Paper .163 

Voting, Papers, that are to be Sealed up .163 

Sec. 1262. Other Papers and Lists, to be Sent to County Clerk.163 

List to be sent to County Clerk and open for Inspection for 
Six Months .163 

Sec. 1263. Returns and Ballots, Member of Board to take Charge of.163 

Custody of Packages containing Returns, Ballots, etc.163 

Delivery to be Determined by Lot, unless otherwise 

agreed upon .163 

Disposal of Election Returns by Election Board.163 

Duty of County Clerk as to Election Returns.163 

Duty of Election Board as to Election Returns .163 

How Delivered .163 

Sec. 1264. Delivery of Returns and Ballots to Proper Authorities.164 

Disposal of Election Returns by Board .164 

Duty of Election Board as to Election Returns .164 

Election Returns, How and to Whom Delivered .164 

Express Agents, Duty of .164 

Packages containing Register, Lists, Papers and Ballots, 

Duty on Receiving .164 

Packages containing Register, Lists, Papers and Ballots, 
to Whom Delivered . 164 

Sec. 1264a. Roster of Voters, Delivery and Custody of after Election....164 

How Delivered .....164 

Open to Inspection .164 

Provisions of Section applies to all 

Elections .. 164 

Sealing and Delivery of . 164 

To be Kept by County Clerk .164 

To be Kept one Year as Public Record....164 











































SUPPLEMENTAL INDEX TO 
CANVASSING AND RETURNING THE VOTE 

(Page 161 to Page 166.) 


Page 

Sec. 1265. Clerk to Keep Ballots unopened, and Unaltered for twelve 


Months ...-...164 

Ballots, Court may order opening and Inspection of, 

When . . .165 

Disposition of in certain cases ...165 

Duty of County Clerk on Return of .165 

Duty of County Clerk on Return of after Inspection 

ordered .ly....165 

How long to be Kept ....165 

How long to be Kept where Congressional Election 

is contested .165 

Not to be taken from Custody of County Clerk .165 

When Destroyed .165 

Clerk receiving Packages containing List .165 

Contest of Elections . 165 

Congressional Election, Ballots, How long to be Preserved..l65 

House Committee may 

examine on Inspection.165 

Production on Inspection of 165 

Duty of County Clerk as to Election Returns .165 

Election Returns, Duty of County Clerk .....165 

Sec. 1266. Ballots, When Packages containing same may be Destroyed....165 

County Clerk, Duty of, as to Election Returns .165 

When may be Destroyed ..165 

Sec. 1267. Returns to be Delivered to Board of Supervisors by County 

Clerk . 166 

Canvassing of Returns .166 

County Clerk, Duty of as to Election Returns .166 

Duty of Clerk of Board of Supervisors .166 

Sec. 1268. Copy of Register to be filed in Office of County Clerk...166 

Canvassing of Returns .166 

Duty of Board of Election after Canvass .166 

Returning of Copy of Register, When to be Filed....166 




























POLITICAL, CODE. 


161 


Sec. 1240. Term of residence, how computed. The term of 
residence must be computed by including the day on which the 
person's residence commenced, and by excluding the day of the 
election. 

Sec. 1241. Rules must be read if requested. Before admin¬ 
istering an oath to a person touching his place of residence, 
the Inspector must, if requested by any person, read to the 
person challenged the rules prescribed by sections twelve hun¬ 
dred and thirty-eight and twelve hundred and thirty-nine. 

Sec. 1243. List of challenges to be kept. The Board must 
cause one of the clerks to keep a list, showing: 

1. The names of all persons challenged; 

2. The grounds of such challenge; 

3. The determination of the Board upon the challenge. 


CHAPTER X. 


CANVASSING AND RETURNING THE VOTE. 


Sec. 1252. Canvass to be public, and without adjournment. 

As soon as the polls are finally closed the Judges must im¬ 
mediately proceed to canvass the votes given at such election. 
The canvass must be public, in the presence of bystanders, and 
must be continued without adjournment until completed and 
the result thereof is declared. 

Sec. 1253. Canvass, how commenced. The canvass must be 
commenced by taking out of the box the ballots unopened (ex¬ 
cept so far as to ascertain whether each ballot is single), and 
counting the same to ascertain whether the number of ballots 
corresponds with the number of names on the list of voters 
kept by the clerks. In the City and County of San Francisco, 
at the dosing of the polls, the Inspector must administer to the 
additional members of the Board of Canvassers the oath pre¬ 
scribed in section one thousand one hundred and forty-eight, 
and likewise to two clerks appointed by such additional mem¬ 
bers He must then proceed to take out of the box the ballots, 
unopened, one at a time, numbering them on the backs m 
numerical order, commencing with number one, and writing 
with ink the initials of his own name upon the back of each 
ballot as taken out. He shall pass each ballot, as soon as thus 
indorsed to the additional Inspector, who must, in like manner, 
write thereon the initials of his own name, so that each ballot 
can be subsequently identified by either or both such Inspectors. 

Ill Cal. 422. 

Sec. 1254. Ballots, when two or more are found folded to¬ 
gether. If two or more separate ballots are found so folded to¬ 
gether as to present the appearance of a single ballot, they must 


Number of 
ballots to 
correspond 
with number 
of names 
on list 
of voters. 





162 


CALIFORNIA ELECTION LAWS. 


Signatures. 


Ballots, how 
rejected. 

Signatures. 


How made. 


Tally sheets, 
how kept. 


be laid aside until the count of the ballots is completed; then, 
if upon comparison of the count with the number of names of 
electors on the lists which have been kept by the clerks, it 
appears that the two ballots thus folded together were cast by 
one elector, they must be rejected. 

Sec. 1255. Ballots, destruction of number in excess of names 
on lists. The ballots must be immediately replaced in the box, 
and if the ballots in the box exceed in number the names on 
the lists, one of the Judges must publicly, and without looking 
into the box, draw out therefrom singly, and destroy, unopened, 
a number of ballots equal to such excess; and the Board of 
Election must make a record, upon the poll list of the number 
of ballots so drawn and destroyed. (Amendment approved 
March 18, 1905; in effect immediately.) 

Sec. 1256. Lists to be signed, how. The number of ballots 
agreeing or being thus made to agree with the number of 
names on the lists, the lists must be signed by the members of 
the Board and attested by the clerks, and the number of names 
thereon must be set down in words and figures at the foot of 
each list, and over the signatures of the Judges and the attesta¬ 
tion of the Clerks, substantially in the form prescribed in sec¬ 
tion eleven hundred and seventy-four. 

Sec. 1257. Counting the votes, or ballots. After the lists are 
thus signed, the Board must proceed to open the ballots and 
count and ascertain the number of votes cast for each person 
voted for. At all elections where a general ticket and a munici¬ 
pal ticket are used, the canvass of the general ticket shall be 
completed before the canvass of the municipal ticket is com¬ 
menced. All ballots rejected for illegality must be indorsed 
upon the ballot the cause of such rejection, and signed by a 
majority of the Election Board, and thereafter strung upon a 
string. (Amendment approved March 20, 1899; in effect in 
sixty days.) 

11 Cal. App. 585. 

(Amendment approved June 14, 1913.) 

Sec. 1258. Tally of votes. Each clerk must write down 
each office to be filled, and the name of each person marked in 
each ballot as voted for to fill such office, and keep the number 
of votes by tallies, as they are read aloud. Such tallies must 
be made with pen and ink as the name of each candidate voted 
for is read aloud from the respective ballot, and immediately 
upon the completion of the tallies the clerks who respectively 
complete the same must draw two heavy lines in ink from the 
last tally mark to the end of the line in which such tallies 
terminate, and also write the initials of the person making the 
last tally in such line. The ballot so read and the tally sheet 
so kept must, during the reading and tallying, be within the 
clear view of watchers at the count. (Amended March 28, 1895 ; 
June 14, 1913.) 


POLITICAL CODE. 


163 


Sec. 1259. Tickets voted to be strung and enclosed in sealed 
envelopes, and not to be examined thereafter. The ballot, as 
soon as the names marked on it as voted for are read and 
verified, must be strung on a string by one of the Judges, and 
must not thereafter be examined by any person, but must, as 
soon as all are counted, be carefully sealed in a strong en¬ 
velope, each member of the Board writing his name across the 

67 Cal. 306; 97 Cal. 86, 111; 146 Cal. 328; 1 Cal. App. 303. 

Sec. 1260. Lists of election returns. As soon as all the votes 
are counted and the tickets sealed up, lists must be attached 
to the tally lists containing the names of persons voted for and 
for what office, and the number of votes given for each candi¬ 
date, the number being written at full length, and such lists 
must be signed by the members of the Board and attested by 
the Clerks, substantially in the form in section eleven hundred 
and seventy-four given. 

1 Cal. App. 126, 128. 

Sec. 1261. Certain papers to be sealed up. The Board must, 
before it adjourns, inclose in a cover, and seal up and direct to 
the County Clerk, the copy of the register upon which one of 
the Judges marked the word “voted” as the ballots were re¬ 
ceived, all certificates of registration received by it, one of the 
lists of the persons challenged, one copy of the list of voters, 
and one of the tally lists and list attached thereto. The Board 
must also, before it adjourns, post conspicuously, on the out¬ 
side of the polling place, a copy of the result of the votes cast 
at such polling place; such copy of the result must be signed 
by the members of the Board and attested by the Clerks. The 
Board must also immediately transmit unsealed to the County 
Clerk a copy of the result of the votes cast at such polling 
place, which copy must be signed by the members of the 
Board, and which copy shall be open to the inspection of the 
public. It shall be a misdemeanor for any person to remove 
or deface such posted copy of the result or to delay or change 
the copy to be delivered to the County Clerk. (Approved 
February 14, 1901.) 

Sec. 1262. Other papers and lists, sent to County Clerk and 
open to inspection. (Amendment approved Alay -23, 
1913.) The other list of voters, tally list, and list at¬ 
tached thereto must be sent to the County Clerk or Registrar, 
and retained by him open to inspection of all electors for at 
least six months. (In effect July 6, 1874.) 

Sec. 1263. Returns and ballots to be delivered to a member 
of the Board. The sealed packages containing the register, 
lists, papers, and ballots, must, before the Board adjourns, be 
delivered to one of its number, to be determined by lot, unless 
otherwise agreed upon. 

132 Cal. 284; 1 Cal. App. 127, 128. 


Signatures. 


Form. 


Copy of 
register 
Certificates 
of regis¬ 
tration 
List of 
persons 
challenged 
Copy of 
list of 
voters 
One Tally 
List and list 
attached 
Unsealed 
copy of 
result of 
votes 
Sent to 
County Clerk. 


164 


CALIFORNIA ELECTION LAWS. 


How 

delivered. 


How 

delivered. 


To be kept 
by County 
Clerk. 


Applies to 
all elections. 


Sec. 1264. Such packages to be delivered to county clerk. 

The member to whom such packages are delivered, must, with¬ 
out delay, deliver such packages without their having been 
opened, to the County Clerk, nearest postmaster, or sworn 
express agent, who shall endorse on such packages the name 
of the party delivering them, and date of such delivery. If de¬ 
livered to a postmaster or express agent, such postmaster or 
express agent shall forward the packages by the first mail or 
express to the county seat. In the City and County of San 
Francisco, such packages must be delivered to the Registrar of 
Voters within three hours from the time of adjournment of the 
Board, which time of adjournment must be endorsed upon such 
package, and upon each poll list, in ink, and signed by a major¬ 
ity of the members of such Board. In the City and County of 
San Francisco the packages must be put up and sealed in the 
following manner, by an Inspector, and at least three other 
members of the Board, and be signed with their respective sig¬ 
natures across (flap) the same written. 

One package to contain the voted ballots only; one package 
to contain one poll and tally list only; one package to contain 
the precinct registers, index to register, list of voters chal¬ 
lenged, and list of assisted voters; and one package to contain 
the unused ballots. (Amendment approved March 18. 1905 ; in 
effect immediately.) 

143 Cal. 471 ; 1 Cal. App. 128, 303; 7 Cal. App. 403. 

Sec. 1264a. Roster of voters, delivery and custody of after 
election. The Board of Election must before it adjourns, en¬ 
close in a cover and seal up and direct to the County Clerk or 
to the Registrar of Voters, in counties or cities and counties in 
this State having a Registrar of Voters, the roster of voters 
and such sealed package containing such roster of voters must 
be delivered to that one of its members who has been selected 
to deliver the other sealed packages required by law. This 
member must, without delay, deliver the package containing 
the roster of voters without its having been opened in the same 
manner and to the same persons and officials as he is required 
by law to deliver the other sealed packages entrusted to him by 
said board. All rosters of voters must be kept in the office of 
the County Clerk or in the office of the Register of Voters in 
counties and cities and counties having a Registrar of Voters, 
as a public record, for a period of one year and when received 
by such County Clerk or Registrar of Voters, all packages con¬ 
taining such rosters of voters shall be unsealed, and such rosters 
of voters shall at all times be open to the inspection of any 
citizen. The provisions of this section shall apply to all rosters 
of voters whether used at elections or primary elections. (New 
section approved March 21, 1905; in effect in sixty days.) 

Sec. 1265. Clerk to keep ballots unopened, and unaltered for 
twelve months. On receipt of the packages the Clerk must file 
the one containing ballots, and must keep it unopened and un- 


POLITICAL CODE. 


165 


altered for .twelve months, after which time, if there is not a 
contest commenced in some tribunal having jurisdiction about 
such election, he must burn the package without opening or 
examining its contents; provided, however, that after the time 
limited for a contest, and in the event any contests have been 
commenced, then after said ballots have been opened and 
counted by the Superior Court in said contests, a Judge of the 
Superior Court of the county wherein said ballots were voted 
may order said packages to be opened for inspection in any case 
being tried in his court where he has jurisdiction of the same, 
whenever he shall deem it necessary to inspect the ballots con¬ 
tained in said packages in order to produce testimony to estab¬ 
lish the proof of any material issue of fact arising in the course 
of the trial of said case. In no event shall the said packages, 
or any of them, or the ballots contained therein, be taken from 
the custody of the County Clerk. Whenever said packages, or 
any of them, shall have been inspected and examined, and a 
record made of the testimony therein contained, the same shall 
be restored to the exclusive control and custody of the County 
Clerk, who shall reseal the packages with the ballots contained 
therein, and keep the same until he shall burn them, in accord¬ 
ance with the direction of this section; provided further, that if 
in any Congressionad district within this State there has been 
or shall be filed a contest of the election of any person declared 
to have been elected a member of Congress, and the County 
Clerk or Registrar of Voters in any county or city and county 
be notified by the contestant, that such Congressional election 
contest is pending then and in that case such County Clerk 
or Registrar of Voters shall not destroy the ballots in that 
county or city and county, or in the part or portion thereof 
within such Congressional district in which such contest is 
pending, until the final determination of such contest before 
the House of Representatives of the Congress of the United 
States; and such County Clerk or Registrar of Voters shall 
hold such ballots in his custody subject to the inspection of 
any committee of the House of Representatives or sub-com¬ 
mittee thereof, having in charge the investigation of such con¬ 
test, and shall produce such ballots for examination before any 
such committee of the House of Representatives or sub-com¬ 
mittee or before any Commissioner designated by such Con- 
o-ressional committee or sub-committee or before any officer 
designated by act of Congress and duly selected to take depo¬ 
sitions and proof in any such contest of the election of any 
person to Congress. (Amendment approved February 26, 
1903; in effect immediately.) 

80 Cal. 361; 97 Cal. 86; 143 Cal. 341, 471; 1 Cal. App. 303. 

Sec. 1266. Ballots, when packages containing same may be 
destroyed. If within twelve months there is such a contest 
commenced, he must keep the package unopened and unaltered 
until it is finally determined, when he must, as provided in the 


In event 
of contest. 


County 
Clerk to 
reseal 
packages. 


Contest of 
election of 
person 
declared 
elected mem¬ 
ber of 
Congress. 


166 


CALIFORNIA ELECTION LAWS. 


When 

opened. 


Canvass post¬ 
poned, when. 


Additional 
sets of 
clerks. 


proceding sections, destroy it, unless such package is, by virtue 
of an order of tribunal in which the contest is pending, brought 
and opened before it, to the end that evidence may be had of 
its contents, in which.event the package and contents are in the 
custody of such tribunal. 

67 Cal. 306 ; 80 Cal. 361 ; 97 Cal. 86. 

Sec. 1267. Returns to be delivered by Clerk to Supervisors. 

The other package the Clerk must produce before the Board 
of Supervisors when it is in session for the purpose of can¬ 
vassing returns. 

Sec. 1268. Copy of Register to be filed in County Clerk’s 
office. As soon as the returns are canvassed the Clerk must 
take the copy of the register returned and file it in his office. 
Ill Cal. 131; 132 Cal. 284; 1 Cal. App. 127. 


CHAPTER XI. 


CANVASS OF RETURNS. DECLARATION OF RESULT. 
COMMISSIONS AND CERTIFICATES OF 
ELECTION. 


Sec. 1278. Meeting of Supervisors to canvass returns. The 

Board of Supervisors of each county must meet at their usual 
place of meeting, on the first Monday after each election, to 
canvass the returns. 

52 Cal. 9, 21; 111 Cal. 131; 132 Cal. 284; 1 Cal. App. 

126, 128. 

Sec. 1280. Procedure of canvassing returns. If at the time 

of meeting, the returns from each precinct in the county in 
which polls were opened have been received, the Board must 
then and there proceed to canvass the returns; but if all the 
returns have not been received the canvass must be postponed 
from day to day until all of the returns are received, or until 
six postponements have been had. In any county or city and 
county where the number of election precincts in said county 
or city and county exceed five hundred, said Board may appoint 
several sets of clerks to perform the clerical work of the can¬ 
vass and to assist in canvassing said returns; and said several 
sets of clerks so appointed may, under the order and direction 
of said Board, do and perform such work in the canvassing of 
such returns simultaneously. Said canvass may be made at 
such place in the county or city and county as the Board may 
by order entered in its minutes designate and declare to be a 
necessity; provided, that where it shall be made at a place 
other than the usual place of meeting of such Board, the place 
shall be open to the public and the canvass must be made in 





SUPPLEMENTAL INDEX 

TO 

Canvass of Returns, Declaration of Result, Commissions 
and Certificates of Election 

f 


(Page 166 to Page 170.) _ Page 

Sec. 1278. Meeting of Supervisors to Canvass Returns .166 

Canvassing of Election Returns .166 

Supervisors shall meet on first Monday after 

Election ...166 

When to be Made ...166 

Sec. 1280. Procedure of Canvassing Returns ...166 

Canvass of Returns, Additional Clerks, where over 500 

Precincts .166 

Clerks, Additional Sets of .166 

Not to begin until all Returns are 

received 1 .166 

Notice of Place of Making .166 

Other than at Regular Place of Meeting 

of the Board .166 

To be made in Public .166 

When may be Postponed. 166 

When to begin .166 

Returns from General Election, Official Canvass of.166 

Sec. 1281. Canvass, How Made .167 

Must be Made in Public .167 

How long Count must continue Daily, Holidays 

excepted . 1 .167 

Of Election Returns, How Made .167 

Sec. 1281a. Completion and Correction of Election Returns.167 

Ballots not to be Opened, except as Otherwise provided 

by Law .167 

Canvassed, How Made ...167 

Defective Returns, How Corrected .167 

Returns, Incomplete or Ambiguous, Correction of.167 

Subpoenaing and 
Examining Officers..167 

Sec. 1282. Statement of Result to be Recorded .167 

Canvass of Returns . 167 

Clerk to enter Statement .167 

Clerk of Board of Supervisors to make Statement of 

Returns .167 

Statement, What to Show .167 

Sec. 1283. Declaration of Result .168 

Result of Election for each Office to be Declared by 

Board of Supervisors .168 

Sec. 1284. Certificates of Election to be issued by Clerk. 168 

By Whom Signed .16S 

County Clerk to issue Certificates 

of District Returns .168 

Not to be Issued to Persons elected 
Superior Judges .168 

Sec. 1285. District Returns, How Made up .J..168 

Abstract of Votes, Other than Representatives in Congress, 
Members of the State Board of Equalization, and Justices 

of District Court of Appeals .168 

Certified Abstract of . 168 

Returns, District Election, Abstract of.168 









































SUPPLEMENTAL INDEX TO 
CANVASS OF RETURNS, DECLARATION OF RESULTS. 
COMMISSIONS AND CERTIFICATES OF ELECTION. 


(Page 166 to Page 170.) Pago 

Sec. 1286. District Election Returns, Transmittal of.168 

How Transmitted .168 

Returns, Clerk of Board to seal, 
to endorse, and transmit Cer¬ 
tified Abstract of to County 

Clerk .168 

Sec. 1287. Duty of County Clerk Receiving District Returns..168 

District Returns, Duty of Clerk Receiving .168 

Duty of County Clerk, Relating to .168 

Returns from a District, How Made.168 

To make Certified Abstract...168 

Sec. 1288. State Election Returns, Duty of County Clerk.169 

Abstract of Votes . 169 

Certification of Returns .169 

County Clerk to make Certified Abstracts.169 

General or Special Elections, When Certified Abstract is 
to be Made ...169 


Statement of Number of Votes Cast as Governed by 


Section 1282 .?.....169 

Sec. 1289. Transmitting General or Special State Election Returns.169 

County Clerk to make Certified Abstracts, and transmit 

to Secretary of State .169 

Sec. 1290. Duty of Secretary of State, Relative to Abstract of Votes....169 

State Returns, Secretary of State to make Statement of_169 

Sec. 1291. Commissions Issued by Governor .169 


Sec. 1292. Returns of Election for Governor and Lieutenant-Governor ...169 
Canvassing of State Returns, Duty of County Clerk as to 


Returns for Governor and Lieutenant-Governor.169 

Abstract of Votes for Governor and Lieutenant- 

Governor .169 


Election Returns for Governor and Lieutenant-Governor....169 


Governor and Lieutenant-Governor, Abstract of Votes for....169 
Duty of County Clerk in Addition to Abstract of Votes.169 


How Made ...169 

Sec. 1293. How Transmitted .:.170 


Abstract of Votes for Governor and Lieutenant-Governor, 

ljow Transmitted . i .170 

Duty of County Clerk .170 

Election Returns, for Governor and Lieutenant-Governor....170 

Sec. 1294. Same .170 

Duty of County Clerk, to Direct one Copy to Next 

Speaker of Assembly at Sacramento .170 

Sec. 1295. Same .170 

Duty of County Clerk to at once Deliver Copy to Member 

elect of Legislature or to a hold-over Senator.170 

Sec. 1296. Canvass of Returns of Election for Governor and Lieutenant- 

Governor .*.170 

Declaration of Result, Where and by 

Whom declared .170 

Election Returns for, When to be 

Opened and Canvassed .170 

Sec.»1297. Defects in Form of Returns of any Election, When to be 

Disregarded .170 

Abstract of Votes . 170 

Canvass of Returns . 170 

Certificates and Commissions not to be withheld for 

Defects or Informalities .170 

Election Returns . 170 






































POLITICAL CODE. 


167 


public, and the said board shall cause public notice to be posted 
at the usual place of meeting- of said Board in a conspicuous 
place for at least three (3) days before the time for making 
such canvass, and during all the time while such canvass is 
being made, which notice shall state clearly and fully the 
designation and description of the place where such canvass 
will be made and conducted. (Amendment approved Decem¬ 
ber 23, 1911 ; in effect March 24, 1912.) 

52 Cal. 9, 21 ; 111 Cal. 131; 132 Cal. 284; 7 Cal. App. 402. 

Sec. 1281. Canvass, how made. The canvass must be made 
in public, and by opening the returns and estimating the vote 
of such county or township for each person voted for, and for 
and against each proposition voted upon at such election, and 
declaring the result thereof; and such count must be continued 
daily, Sundays and holidays excepted, and for not less than six 
(6) hours each and every day until completed. (Amendment 
approved March 4, 1899; in effect in sixty days.) 

52 Cal. 4, 9, 21; 111 Cal. 131; 141 Cal. 561; 7 Cal. App. 
402. 

Sec. 1281a. Completion and correction of election returns. 

If it shall appear that the returns from any precinct or pre¬ 
cincts are incomplete, or ambiguous, or are not properly 
authenticated, or are otherwise defective, the Board of Super¬ 
visors, or. Canvassing Board, or Election Commission may cause 
subpoenas to be issued and served, requiring the attendance 
before it of the election officers of such precinct or precincts, 
and upon the appearance before it of the election officers or 
three-fourths of them from any such precinct or precincts, may 
examine such election officers under oath concerning the manner 
in which the votes were counted in such precinct at such elec¬ 
tion, and the result of such count, and may require such election 
officers then and there to correct or complete such returns or 
the authentication thereof so that they shall truly show the 
votes that were cast in said precinct at such election for each 
candidate voted for and for or against each proposition voted 
upon thereat. Nothing herein shall be construed to authorize 
the opening of ballots except as provided by law. (New section 
approved June 16, 1913.) 

Sec. 1282. Statement of result to be entered on record. The 

Clerk of the Board must, as soon as the result is declared, enter 
on the records of such Board a statement of such result, which 
statement must show: 

1. The whole number of votes cast in the county; 

2. The names of the persons voted for, and the propositions 

voted upon. 

3. The office to fill which each person was voted for. 

4. The number of votes given at each precinct to each of 

such persons, and for and against each of such propositions. 


Notice to 
be posted. 


Election 
officers 
subpoena of. 


168 


CALIFORNIA ELECTION LAWS. 


Certified 

abstract. 


5. The number of votes given in the county to each of such 
persons, and for and against each of such propositions. 

52 Cal. 9, 21; 111 Cal. 130; 132 Cal. 285; 155 Cal. 298; 
2 Cal. App. 105. 

Sec. 1283. Board must declare result. The Board must de¬ 
clare elected the person having the highest number of votes 
given for each office to be filled by the votes of a single county 
or subdivision thereof. 

85 Cal. 512; 148 Cal. 16. 

Sec. 1284. Certificates of election issued by the Clerk. The 

County Clerk must immediately make out and deliver to such 
person (except to the person elected Superior Judge), a cer¬ 
tificate of election, signed by him, and authenticated with the 
seal of the Superior Court. (Amendment approved April 16, 
1880; in effect immediately.) 

85 Cal. 512; 127 Cal. 350; 148 Cal. 16; 1 Cal. App. 128. 

Sec. 1285. District returns, how made up. (Amend¬ 
ment approved May 23, 1913.) When there are officers, 
other than representatives in Congress, members of the 
State Board of Equalization and Justices of District Court of 
Appeals voted for, who are chosen by the electors of a district 
composed of two or more counties, each of the County Clerks 
of the counties composing such districts, immediately after 
making out the statement specified in section twelve hundred 
and eighty-two, must make a certified abstract of so much 
thereof as relates to the election of such officers. (In effect 
April 16, 1880. Amended April 12, 1911.) 

Sec. 1286. Transmitting election returns; districts. The 

Clerk must seal up such abstract, indorse it “Election Returns,” 
and, without delay, transmit the same by mail or express to the 
County Clerk of the county which stands first in alphabetical 
arrangement in the list of counties composing such district. 
(Amendment approved April 7, 1911; in effect in sixty days.) 

Sec. 1287. Duty of Clerk receiving district returns. The 

Clerk to whom the election returns of a district are made, 
must, on the twentieth day after such election, or sooner, if 
returns from all the counties in the district have been received, 
open in public such returns, and from them and the statement 
of the vote for such officers in his own county: 

1. Make a statement of the vote of the district for such 
officers, and file the same, together with the returns, in his 
office. 

2. Transmit a certified copy of such statement to the Secre¬ 
tary of State. 

3. Make out and deliver, or transmit by mail, to the persons 
elected a certificate of election (unless it is by law otherwise 
provided). 


POLITICAL CODE. 


169 


Sec. 1288. Returns for State elections, duty of County Clerk. 

When there has been a general or special election for officers 
chosen by the electors of the State at large, or for judicial 
officers (except justices of the peace), or for members of the 
State Board of Equalization, or for Senators and members of 
the Assembly, each County Clerk so soon as the statement of 
the vote of his county is made out and entered upon the records 
of the Board of Supervisors, must make out a certified abstract 
of so much thereof as relates to the votes given or cast for 
persons for said offices to be filled at such election, together 
with a statement of the whole number of votes cast in the 
county as specified in Section 1282. Whenever there is a gen¬ 
eral or special election held within this State, and any pro¬ 
posed constitutional amendment or proposition to be voted 
for by the electors of the State at large, each County Clerk, so 
soon as the statement of the vote is made out and entered 
upon the record of the Board of Supervisors, must make out a 
certified abstract of such vote. (Amended March 14, 1901 ; 
amendment approved May 23, 1913.) 

Sec. 1289. Transmitting election returns, general or special 
elections. The Clerk must seal up such abstract, indorse it 
“Election Returns,” and without delay transmit it by mail or 
express to the Secretary of State. (Amendment approved 
April 7, 1911; in effect in sixty days.) 

52 Cal. 22. 

Sec. 1290. Duty of Secretary of State, relative to. On the 

fortieth day after the day of election, or so soon as the returns 
have been received from all the counties of the State, if re¬ 
ceived within that time (except in this Code otherwise pro¬ 
vided), the Secretary of State must compare and estimate the 
vote, and make out and file in his office a statement thereof, 
and transmit a copy of such statement to the Governor, ex¬ 
cept in the cases of Senators and members of the Assembly. 
(Amendment approved March 14, 1901; in effect immediately.) 

85 Cal. 512. 

Sec. 1291. Commissions issued by Governor. Upon receipt 
of such copy, the Governor must issue commissions to the 
persons who from it appear to have received the highest num¬ 
ber of votes for offices, except that of Governor or Lieutenant- 
Governor, to be filled at such election. 

85 Cal. 512; 138 Cal. 36. 

Sec. 1292. Returns for election of Governor and Lieutenant- 
Governor, how made. When an election has been held to fill 
the office of Governor or Lieutenant-Governor, the Clerk of 
each county, in addition to the abstract made for transmission 
to the Secretary of State, must, as soon as the statement of 
the vote of his county is made out and entered upon the records 
of the Board of Supervisors, make two certified abstracts of so 
much thereof as relates to the vote given for such officer. 


Certification 
of returns. 


General or 

special 

elections. 


Copies. 


170 


CALIFORNIA ELECTION LAWS. 


Sec. 1293. How transmitted, duty of Clerk. The Clerk 
must seal up each abstract separately, and indorse thereon 
“Election Returns for Governor and Lieutenant-Governor. 


Sec. 1294. Same. He must at once direct one copy to The 
Speaker of the Assembly next to meet,” address it: to Sacra¬ 
mento, California, and deposit it, postpaid, in the Post Oitice. 

Sec. 1295. Same. The other copy he must direct and address 

in the same manner, and at once deliver it to a mem er e 
of the Legislature or to a Senator w^ hoWs over and the 
person to whom it is so delivered must deliver it to the Speake 
on or before the second day next after his election. 

Sec. 1296. Canvass of return of election for Governor and 
Lieutenant-Governor. The returns of election for Govern 
and Lieutenant-Governor must during the first : week of th 
session, be opened, canvassed, and the result deela e y 
Speaker of the Assembly in the presence of both houses. 

Sec 1297. Defects in form of returns, when to be .disre¬ 
garded No declaration of the result, commission, or «rt £cate 
must be withheld on account of any defect or 
the return of any election, if it can with reasonable certa n y 
be ascertained from such return what office is intended and who 
is elected thereto. 


CHAPTER XII. 


ELECTION FOR ELECTORS OF PRESIDENT AND 
VICE-PRESIDENT. 


Sec. 1307. Electors, when chosen. At the general election 
in each bissextile or leap year, unless by the laws of the 
United States another time is fixed, and then, at such time, 
there must be chosen by the qualified voters of the State, as 
many Electors of President and Vice-President of the United 
States as the State is then entitled to. 

Sec. 1308. Returns, how made. The Clerk of each county, 
as soon as the statement of the vote of his county at such 
election is made out and entered on the records of the Board of 
Supervisors, must make a certified abstract of so much thereof 
as relates to the vote given for persons for Electors of Presi¬ 
dent and Vice-President of the United States. 

Sec. 1309. How transmitted. The Clerk must seal up such 
abstract, indorse it “Presidential Election Returns,” and with¬ 
out delay transmit it to the Secretary of State by mail or ex¬ 
press or in the manner hereinafter prescribed. (Amendment 
approved April 7, 1911.) 





SUPPLEMENTAL INDEX 

TO 

ELECTION FOR ELECTORS TO PRESIDENT AND VICE-PRESIDENT. 


ELECTION FOR MEMBERS OF CONGRESS. 


ELECTION FOR REPRESENTATIVES. 


PRIMARY ELECTIONS. 


(Sections 1307-1366a.) 







SUPPLEMENTAL INDEX TO 

(Page 170 to Page 175.) Page 

ELECTION FOR ELECTORS OF PRESIDENT AND VICE-PRESIDENT 

Sec. 1307. Electors, When Chosen ..170 

For President and Vice-President .170 

Sec. 1308. Returns, How Made .170 

County Clerk to make Abstract of Returns for Electors....170 

Electors, Presidential, Returns for .170 

Presidential Electors ....170 

Of Electors of President and Vice-President.170 

Sec. 1309. Returns, How Transmitted .170 

Abstract of Votes for Electors, How Transmitted .170 

Duty of Clerk to seal, endorse, and transmit certified 

Abstract of .:.170 

Election Returns for Electors, Transmission of Abstract....l70 

Sec. 1310. Messenger, When County Clerk may Employ..171 

Abstract of Votes for Electors, How Transmitted.171 

Election Returns for Electors, Transmission of Abstract....171 

Returns of Electors of President .......171 

Transmission of Election Abstracts by Messenger.171 

Sec. 1311. Affidavit of Necessity for Appointment of Messenger.171 

Abstract of Votes for Electors, How Transmitted.171 

Election Returns for Electors, Transmission of Abstract....l71 

Transmission of Election Abstracts by Messenger.171 

Proof of Necessity .171 

Sec. 1312. Compensation of Messenger .171 

Abstract of Votes for Electors, How Transmitted.171 

Election Returns for Electors, Transmission of Abstract.171 

Returns of Electors of President and Vice-President.171 

Transmission of Abstract of-Election Returns by 

Messenger .,.....171 

Sec. 1313. Duties of Secretary of State Relative to Returns.171 

Election Returns for Electors, Time of estimating by 

Secretary of State . 171 

Sec. 1314. Governor to issue Certificate of Election.171 

Electors, Presidential list of, When Delivered.....171 

Sec. 1315. Meeting of Electors .171 

Electors, Presidential, When and Where to meet following 

their Election .. i....171 

Sec. 1316. Vacancies, How Filled . w .171 

Electors present must elect to supply Deficiency.171 

In Presidential Electors . 171 

Sec. 1317. Voting by Presidential Electors .172 

Electors, Presidential, How to Vote .172 

Sec. 1318. Separate Ballots for President and Vice-President.172 

Electors, Presidential, How to Vote .....172 

Sec. 1319. Must Make List of Persons Voted for.172 

Presidential Electors, How to Vote .172 

Must make Lists of Persons voted 

for . 172 

Sec. 1320. Result of Vote to be Transmitted to President of the 

United States Senate . 172 

Presidential Electors, Lists of, How Transmitted.172 

Sec. 1321. Compensation of Presidential Electors .172 

Presidential Electors, Pay of .172 

Sec. 1322. Auditing and Payment of Accounts . 172 

Presidential Electors Accounts to be Certified by Secretary 
of State and Audited by Controller .172 














































SUPPLEMENTAL INDEX TO 

(Page 170 to Page 175.) 

ELECTIONS FOR MEMBERS OF CONGRESS. Pago 

Sec. 1332. Election of United States Senators ....172 

Time of Holding Election for .172 

Election for Members of Congress—Continued. 

Sec. 1333. Election to fill Vacancies in United States Senate.172 

United States Senators, Election for .172 

Vacancies in United States Senate .172 

When to be Held .172 

Sec. 1334. Clerk to Make Abstract of Vote for United States Senators ...173 

Abstract of Votes for United States Senators.173 

Congressional Elections, Returns for U.S. Senators....173 

Election Returns, Duty of Clerk 1.173 

United State Senators, Election for.173 

Abstract of Vote of.173 

Sec. 1335. Abstracts of Returns to be sent to Secretary of State.173 

Of Votes, United States Senators, How 

transmitted .173 

United States Senators, Abstract of Returns, Clerk 
to make out, endorse, seal and transmit to 

Secretary of State . 173 

United States Senators, Election for .....173 

Sec. 1336. Canvass of Returns, Declaration of Vote, Duty of Secretary 

of State .173 

Senators of the United States, Election for, Canvass of 

Returns .<.173 

United States Senators, Secretary of State to certify to 

Governor Person having Highest Number of Votes.173 

United States Senators, estimating and declaring Vote 

and Certifying Result to Governor .173 

Sec. 1337. Governor’s Certificates .173 

Certificate of Election, Duty of Governor .173 

United States Senators, Governor to transmit, sealed, and 
attested Certificate of Election .173 

ELECTION FOR REPRESENTATIVES TO CONGRESS. 

Sec. 1343. United States Congressmen, Election for, Wlien and How 

Held .173 

Sec. 1344. Returns, How Made .173 

Abstract of Votes, U. S. Congressmen .173 

Certificates of Election, Duty of County Clerk .173 

Sec. 1345. Returns, How Transmitted .173 

Election Returns, Representatives in Congress, Duty of 
Clerk to seal, endorse, and transmit Certified Abstract of..173 

Sec. 1346. Canvass of Returns, Duty of Secretary of State.173 

Returns from Election of Members of Congress .173 

Sec. 1347. Governor to Issue Certificates .174 































SUPPLEMENTAL INDEX TO 


PRIMARY ELECTIONS 

(Page 174 and Page 175.) Page 

Sec. 1359. To be Controlled as other Elections.174 

Ballots, Number to be Printed .174 

Ballot-boxes, one only at each Precinct .174 

Conduct of .:..174 

Election Officers, Compensation of .174 

Duty of :.:.174 

Need not Serve more than Once in Two 

Years . 174 

What to Constitute Board of.174 

Sample Ballots .....174 

Sec. 1361a. Resolution Prescribing Party Test .175 

Persons Permitted to Vote for Party Delegates .175 

Election Officers, Duty of .175 

Party Test, Resolution Prescribing, to be Filed with 

Petitions . a.175 

Petition .175 

Who Permitted to Vote for Delegates to Nominating 

Convention ....175 

Sec. 1366a. Electors When Registering to Declare Political Affiliation....175 

Affidavit, Form of . 175 

Duty of County Clerk or Registrar ...175 

May Change Affiliation, When . 175 

No Fees to be Charged for Filing Affidavit.175 

Political Affiliations, Change of, Proceedings on.175 

of Subsequent Declaration of, 

Affidavit, No Fee for .175 

Change of Subsequent Declaration 

of, Affidavit on .1.175 

Refusal to Declare, Proceedings on.,175 
Refusal to Declare, Proceedings 

Where subsequently Declared.175 

To be Declared .:.175 

When Elector declines to State Facts, Proceedings on.175 

Has changed Political Affiliation.175 




























POLITICAL CODE. 


171 


Sec - ^ 31 °- Messenger, when Clerk may employ. If the 

County Clerk of. any county has reason to believe that the ab¬ 
stract will not, in the due course of mail, reach the Secretary 
of State before the time fixed by law for canvassing the returns 
of such election, he may, with the approval of the Superior 
Judge, employ a person to convey and deliver such abstract 
to the Secretary of State. (Amendment approved April 16 
1880; in effect immediately.) 


Sec. 1311. Proof of necessity for and approval of appoint¬ 
ment of messenger. In the event provided for in the preceding 
section, the Clerk must make an affidavit, setting forth the 
reasons for his belief, and the name of the person employed by 
him, which affidavit, with the approval of the Superior Judge 
indorsed thereon, must be given to the person appointed, and by 
him, with the abstract, must be delivered to the Secretary of 
State. (Amendment approved April 16, 1880; in effect im¬ 
mediately.) 

Sec. 1312. Compensation of messenger. The person ap¬ 
pointed by the Clerk, after he delivers the abstract and state¬ 
ment, is entitled to receive as compensation mileage at the rate 
of thirty cents a mile from the county seat to the seat of 
government. His account therefor, certified by the Secretary of 
State, must be audited by the Controller and paid out of the 
General Fund in the State Treasury. 

Sec. 1313. Duties of Secretary of State relative to returns. 

On the last Monday in the month of the election, or as soon as 
the returns have been received from all the counties in the 
State, if received before that time, the Secretary of State must 
compare and estimate the votes given for Electors, and certify 
to the Governor the names of the proper number of persons 
having the highest number of votes. 

Sec. 1314. Governor to issue certificate of election. The 

Governor must, upon the receipt of such certificate, transmit 
to each of such persons a certificate of election, and on or be¬ 
fore the day of their meeting deliver to the Electors a list of 
the names of Electors, and must do all other things required 
of him in the premises by any Act of Congress in force at the 
time. 

Sec. 1315. Meeting of Electors. The Electors chosen must 
assemble at the seat of government on the second Monday in 
January next following their election, at two o’clock in the 
afternoon. 


Sec. 1316. Vacancies in, how supplied. In case of the death 
or absence of any Elector chosen, or in case the number of 
Electors from any cause be deficient, the Electors then present 
must elect, from the citizens of the State, so many persons 
as will supply such deficiency. 


172 


CALIFORNIA ELECTION LAWS. 


Sec. 1317. Voting by Electors, and returns, how. The Elec¬ 
tors, when convened, must vote by ballot for one person for 
President and one person for Vice-President of the United 
States, one of whom, at least, is not an inhabitant of this State. 

Sec. 1318. Separate ballots for President and Vice-President. 

They must name in their ballots the persons voted for as 
President, and in distinct ballots the persons voted for as Vice- 
President. 

Sec. 1319. Must make list of persons voted for. They must 
make distinct lists of all persons voted for as President, and of 
all persons voted for as Vice-President, and of the number of 
votes given for each. 

Sec. 1320. Results to be transmitted to President of United 
States Senate. They must certify, seal up, and transmit by 
mail such lists to the seat of government of the United States, 
directed to the President of the Senate. 

Sec. 1321. Compensation of Presidential Electors. Presi¬ 
dential Electors shall receive a compensation of ten dollars for 
their services as such Elector, and mileage at the rate of ten 
cents per mile for each mile of travel from their domicile to the 
State Capitol and return. (Amendment approved March 25, 
1909.) 

Sec. 1322. How audited and paid. Their accounts therefor, 
certified by the Secretary of State, must be audited by the 
Controller, who must draw his warrants for the same on the 
Treasurer, payable out of the General Fund. 


CHAPTER XIII. 


ELECTIONS FOR MEMBERS OF CONGRESS. 


Article I. Election for Senators. 

(Amendment approved May 20, 1913.) 

Sec. 1332. Election of United States Senators. Elections for 
Senators in Congress for full terms must be held at the gen¬ 
eral election, at which members of the legislature are elected, 
next preceding the commencement of the term to be filled. 

(Amendment approved May 20, 1913.) 

Sec. 1333. Vacancies in United States Senate, elections to fill. 

Elections to fill a vacancy in the term of a United States Sen¬ 
ator must be held at the general election or any special election 
held throughout the State next succeeding the occurrence of 
such vacancy. 





POLITICAL CODE. 


173 


(New section approved May 20, 1913.) 

Sec. 1334. Clerk to make abstract of vote for United States 
Senators. The Clerk of each county, as soon as the statement 
of the vote of his county at such election is made out and en¬ 
tered on the records of the Board of Supervisors, must make 
a certified abstract of so much thereof as relates to the vote 
given for persons for Senators in Congress. 

(New section approved May 20, 1913.) 

Sec. 1335. To be sent to Secretary of State. The Clerk must 
seal up such abstract, indorse it “Congressional election re¬ 
turns for Senator in Congress,” and without delay transmit it 
by mail to the Secretary of State. 

Sec. 1336. Declaration of vote, duty of Secretary of State. 

(New section approved May 20, 1913.) On the sixtieth day 
after the day of election, or as soon as the returns have been 
received from all of the counties of the State, if received within 
that time, the Secretary of State must compare and estimate 
the votes given or cast for such persons for Senator, and certify 
to the Governor the person having the highest number of votes 
in the State as. duly elected. 

Sec. 1337. Governor’s certificate. (New section approved May 
20, 1913.) The Governor must upon the receipt of such certifi¬ 
cate transmit to such person a certificate of his election, sealed 
with the great seal and attested by the Secretary of State. 


ARTICLE II. ELECTION FOR REPRESENTATIVES. 


Sec. 1343. When held. At the general election to be held in 
the year eighteen hundred and eighty, and at the general elec¬ 
tion every two years thereafter, there must be elected, for each 
Congressional district, one Representative to the Congress of 
the United States. 

Sec. 1344. Returns, how made. The Clerk of each county, 
as soon as the statement of the vote of his county at such elec¬ 
tion is made out and entered on the records of the Board of 
Supervisors, must make a certified abstract of so much thereof 
as relates to the vote given for persons for Representatives to 
Congress. 

Sec. 1345. Returns, how transmitted. The Clerk must seal 
up such abstract, indorse it “Congressional Election Returns,” 
and without delay transmit it by mail or express to the Secre- 
tarv of State. (Amendment approved April 7, 1911.) 

52 Cal. 10. 

Sec. 1346. Duty of Secretary of State. On the sixtieth day 
after the day of election, or as soon as the returns have been 
received from the counties of the State, comprising any one 




174 


CALIFORNIA ELECTION LAWS. 


district, if received within that time, the Secretary of State 
must compare and estimate the votes given or cast for such 
Representatives, and certify to the Governor the person having 
the highest number of votes in each congressional district as 
duly elected. (In effect March 14, 1901.) 

52 Cal. 7; 10, 132 Cal. 285. 

Sec. 1347. Governor to issue certificates. The Governor 
must, upon the receipt of such certificate, transmit to each of 
such persons a certificate of his election, sealed with the Great 
Seal and attested by the Secretary of State. 


CHAPTER XIV. 


PRIMARY ELECTIONS. 


Exceptions. 
One ballot 
box to a 
polling place. 


Election 

officers. 


Sec. 1359. To be conducted as other elections. Elections 
herein provided for and known and designated as primary elec¬ 
tions shall be conducted, managed, and controlled as to se¬ 
lection of precinct officers, their powers and duties, publication 
of notices, use of original affidavits of registration, indexes 
and supplements thereto, challenging of voters, voting booths, 
printing and use of the ballots, cards of instruction, ascertain¬ 
ment of results, time for opening and closing of the polls, and 
all other details, in the same manner, and subject to the same 
regulations as are elections for state, district, county, city and 
county, city, town, and local officers as far as applicable, ex¬ 
cept as otherwise provided in this chapter; provided, that 
sample ballots shall not be printed or distributed and that there 
shall be but one ballot-box at each polling-place; also, provided, 
that there shall be printed for each primary election precinct 
only as many ballots for each participating political party as 
there are names appearing on the register, indexes or supple¬ 
ments thereto as persons entitled to vote thereat; also, pro¬ 
vided, that the compensation which shall be allowed to each 
primary precinct election officer shall not exceed four dollars 
per day, and it shall be the duty of every person so chosen to 
act as such primary precinct election officer at such primary 
election to perform the services required of him in such capacity. 
That the primary precinct election officers shall be: an In¬ 
spector, two Judges, two Clerks, and one Ballot Clerk for each 
primary election precinct, who must have been registered elec¬ 
tors thereof for at least thirty days prior to their appointment 
and who must possess all the other qualifications required of 
precinct election officers for general elections, provided that 
the same person shall not, without his consent, be compelled 
to serve as said primary precinct election officer more than 
once in every two years. (Amendment approved March 18, 
1905; in effect in sixty days.) 

145 Cal. 155. 





POLITICAL CODE. 


175 


Sec. 1361a. Primary elections—Resolution prescribing party 
t , est * &9 vernin g committee of any political party when 

filing its petition or application for a place on the primary 
official ballot, shall at the same time and with the officer of 
election authorized to receive such petitions, file a resolution 
prescribing the party test necessary for an elector to vote for 
the delegates to the nominating convention of said party, in 
addition to the qualifications required by law. None but per¬ 
sons who possess the qualifications required by law and by the 
resolution of said party committee must be permitted to vote 
for delegates to the nominating convention of said party. (New 
section approved March 19, 1907; in effect immediately.) 

151 Cal. 602, 603. 

Sec. 1366a. Elector to declare his political affiliation. At the 

time of registering and of transferring registration, in all places 
where the primary election law is in force, each elector shall 
declare the name of the political party with which he intends 
to affiliate at the ensuing primary election or elections, and the 
name of such political party shall be stated in the affidavit of 
registration, and the index thereto. If the elector declines to 
state the fact, the fact of such declination shall likewise be 
stated, and no person shall be entitled to vote at any primary 
election (by virtue of such registration) unless he has stated 
the name of the political party with which he intends to 
affiliate at the time of such registration. Nor shall he be per¬ 
mitted to vote on behalf of any party or for delegates to the 
convention of any party other than the party so designated in 
the registration. 

In case any elector shall have declined to designate or shall 
have changed his political affiliation prior to the close of regis¬ 
tration for primary elections he is entitled to have such change 
recorded prior to the close of said registration upon application 
to the County Clerk or Registrar of Voters. In case any 
elector shall have declined to designate or shall have changed 
his political affiliations prior to the close of registration, he may 
appear in person before the County Clerk or Registrar of 
Voters, at the office of the County Clerk or Registrar of Voters, 
and not elsewhere, and make affidavit substantially in the fol¬ 
lowing form : 

State of California, 

County of. 

., being duly sworn, deposes and says that 

he is registered on the great register of the said county of 

. as a ., (insert former party 

affiliation, or that he had declined to designate his party affili¬ 
ation) ; that since the date of such registration he has changed 
his political views and in good faith declares his affiliation 
with the . party. 



Persons per¬ 
mitted to 
vote for 
delegates. 


When elec¬ 
tor declines 
to state 
facts. 


When elec¬ 
tor has 
changed 
political 
affiliation. 







176 


CALIFORNIA ELECTION LAWS. 


Form. 


Each city 
separate 
school 
district. 


Annexation 
of territory. 


Election. 


Election 

precincts. 


Subscribed and sworn to before me, this .. day of 

.191. 

The County Clerk or Registrar of Voters shall take such 
affidavit without charge and shall file the same. Nothing in 
this section shall be construed to prevent any elector, who has 
registered before this act takes effect, from voting at such 
primary election. (New section approved March 19, 1907; in 
effect in thirty-five days.) 


TITLE III. 

CHAPTER III. 

SCHOOL DISTRICTS. 

(Approved June 6, 1913.) 

Sec. 1576. City School Districts, government. Annexation 
of additional territory. Every city or incorporated town, ex¬ 
cept cities and towns of the sixth class, unless subdivided by 
the legislative authority thereof, shall constitute a separate 
school district, which shall be governed by the Board of Edu¬ 
cation or Board of School Trustees of such city or incorporated 
town; provided, that whenever a city or town shall be incorpo¬ 
rated, except a city or town of the sixth class, the Board of 
Supervisors of the county may annex thereto, for school pur¬ 
poses only, the remainder, or any part of the remainder, of the 
district or districts from which such city or incorporated town 
was organized, whenever a majority of the heads of families re¬ 
siding therein, shall petition for such annexation; and provided, 
further, that the Board of Supervisors may include more terri¬ 
tory than the remainder of the district or districts from which 
the city or incorporated town was organized, whenever a 
petition for such purpose is presented to them, signed by a 
majority of the heads of families residing in such additional 
territory. When said remainder or part thereof, or said addi¬ 
tional outside territory, has been annexed to said city or in¬ 
corporated town, it shall be deemed a part of said city or in¬ 
corporated town for the purpose of holding the general munici¬ 
pal election, and shall form one or more election precincts, as 
may be determined by the legislative authority of said city or 
incorporated town, the qualified electors of which shall vote 
only for the Board of Education, or the Board of School Trus¬ 
tees ; and such outside territory shall be deemed to be a part 
of said city or incorporated town for all matters connect-ed 
with the school department thereof, for the annual levying and 
collecting of the property tax for the school fund of said city 
or incorporated town; and for all purposes specified in sections 
one thousand eight hundred and eighty to one thousand eight 








I 


SUPPLEMENTAL INDEX 

TO 

School Districts 


ELECTION OF SCHOOL TRUSTEES 


BOARDS OF TRUSTEES OF SCHOOL DISTRICTS AND CITY 
BOARDS OF EDUCATION. 


UNION SCHOOL DISTRICTS, FORMATION AND MAINTENANCE OF. 



HIGH SCHOOL DISTRICTS, ESTABLISHMENT AND 
GOVERNMENT OF. 


DISTRICT SCHOOL TAX. 


PUBLIC SCHOOLS, MISCELLANEOUS PROVISIONS RELATING TO. 








SUPPLEMENTAL INDEX TO 

(Page 176 to Page 213.) 

SCHOOL DISTRICTS. ' Pago 

Sec. 1576. City School Districts Government. Annexation of Additional 

Territory .176 

Annexed Territory, How regarded for 

Election Purposes..176 

Regarded as Part 

of City .176 

Taxation of .176 

Every City except of Sixth Class is a 
separate School District ..'...176 

Sec. 1577. Formation of School Districts . 177 

Change of Boundaries .177 

Districts, Boundaries, Change of.177 

Joint, Attendance of Children .177 

Formation of .177 

New, Formation of .177 

Of Joint District .177 

Transfer of Funds, United Districts .178 

When New Districts may be Formed.177 

Sec. 1578. Petition to be transmitted to Board of Supervisors.178 

County Superintendent to send Notice by Regis¬ 
tered Mail to Trustees .178 

District, Change, Sending or Posting Notices .178 

Duty of County Superintendent .178 

Notices to be Posted .178 

To Change School Districts .178 

Sec. 1579. Duties of Supervisors upon Receipt of Petition......178 

Districts, Change, Petition for, Duty of Supervisors.178 

Powers of Supervisors .178 

Sec. 1580. When District is Divided by County Line to be a Joint 

District . 179 

Formation of New Counties or Changing Boundary 

of County .*....179 

Portions of District lying in Different Counties....179 

Sec. 1584. Government of School Districts Partly within City .179 

• Ballot, What to Contain ..179 

District Partly within Charter City . 179 

Duty of Board having Charge of Election.179 

Election on Question of Being Governed by Charter..179 

Election, Time and Manner of Holding Same .179 

Provisions of Constitution of State .179 

Returns, Canvass of ..179 

When District is Governed by City Charter .179 

Who Entitled to Vote on Question .179 

ELECTION OF SCHOOL TRUSTEES. (Note.— See also Section 4023, 
page 227.) 

Sec. 1593. Election of Trustees, When and Where Held .180 

Annual Election . 180 

Election of Trustees in New District .180 

Place of Holding Election . 180 

Time of ” ” .180 

Trustees, Election of .180 

Number of .. r .180 

Vacancies, Filling of . 180 

Term of Appointee .180 

Sec. 1595. Notice of Election, Posting of .180 

Duty of Trustees ...'.180 

Election Notices, Failure to Post .180 

What to Contain .180 
















































SUPPLEMENTAL INDEX TO 

(Page 176 to Page .213.) 

ELECTION OE SCHOOL TRUSTEES—Continued. ' Page 

Sec. 1596. Formation of Precincts, and Appointment of Election 

Officers .180 

Election Officers, Procedure if none are Appointed.181 

Where they fail to Attend.181 

Number of . 181 

One Inspector and Two Judges in each 

Precinct .181 

Precincts, Division of Districts into.181 

Changing and Altering of .181 

Sec. 1597. Opening and Closing of Polls in School Elections.181 

Polls, Time of Opening and Closing.181 

When to be Governed by Daily Attendance..181 

Sec. 1598. Who entitled to Vote ...1.181 

Voter must be Registered in Precincts 30 Days before 
Election ...181 

Sec. 1599. Voting must be by Ballot .181 

Arrangeing for Secret Ballot .181 

Booths to be Provided .181 

Duty of Board of Trustees . 181 

Election Officers .181 

Electioneering within one hundred feet of Polls is 

Prohibited .181 

General Election Laws, Where not Applicable .181 

Sec. 1600. Challenges .181 

Judges of Election to Administer Oath .181 

Of Voters .181 

Oath, Form of .181 

Voter, Challenger and Oath of .181 

Sec. 1601. Poll and Tally Lists .181 

To whom Returned. 181 

Sec. 1602. Certificates of Election. Canvass of Votes.182 

By Whom to be Issued.182 

To be Forwarded to and Filed in 
the Office of County Superin¬ 
tendent of Schools.182 

Canvass of Votes, Duty of Election Officers.182 


BOARDS OF TRUSTEES OF SCHOOL DISTRICTS AND CITY BOARDS 
OF EDUCATION. 

Sec. 1611. School Districts, Government of. (See also section 4041, 

page 229.) .182 

Board of School Trustees, Power of .-.-.182 

School Trustees, Number of in each District.182 

Sec. 1613. Term of Office of School Trustees .182 

Failure to Elect, Duty of Superintendent of Schools.182 

Resignations, of School Trustees, Filling Vacancies.182 

Sec. 1614. Vacancies, How filled .-.!82 

Resignations must be in writing .182 

Sec. 1615. Trustees of New Districts, and Joint Districts.182 

Joint Districts, Appointments, Election and Term of Office..182 

Election of Trustees, When to be held.182 

Number of Trustees .182 

Trustees, Term of Office.182 

New Districts, W T ho to act as Trustees of .182 

Sec 1616 City Boards of Education Provided for by Special Statutes ... 182 

Election of Boards of Education, How Controlled.182 













































SUPPLEMENTAL INDEX TO 

(Page 176 to Page 213.) p agQ 

UNION SCHOOL DISTRICTS, FORMATION AND MAINTENANCE OF. 

Sec. 1674. Formation of Union School Districts ..183 

Admission of New Districts, Subd. 16 .189 

Admission of Part of District, Subd. 16 .189 

Attendance of Five or Less, Board of Supervisors shall 

suspend Districts, Subd. 18 .192 

Ballots, Form of, subd. 1 .:.183 

3-1 ..,.185 

For Dissolution, Form of, subd. 17.191 

Boards of Trustees, Powers of, Subd. 10.187 

Buildings, Erection and Lease of, Provisions for, subd. 8 .... 187 
Change of Location of School not to be Made except upon 

Petition, subd. 9 .187 

Classification of Districts, subd. 6 .186 

Course of Study, subd. 12 .188 

Districts, Admissions of New, subd. 16 .189 

having separate Existences, for what Purposes, 

subd. 15-2 .188 

Name and Location of subd. 2 . T .184 

Withdrawal, subd. 3 . 190 

Dissolution of District, subd. 17 .190 

Election for, When Held, subd. 17..190 

Funds, Apportionment of, subd. 15 .188 

Transfer of, When Made, subd. 15 .188 

Joint Union School Districts, Formation of, subd. 3.184 

Notice of Election, of Dissolution of District.190 

Reports of Teachers and Principals, subd. 15-2.188 

Sale of Property and Disposition of Proceeds, subd. 4.186 

School Trustees, Elected for Three Years, subd. 6.186 

Vacancies in Board, How filled, subd. 6....186 
Supervising Principal for several Districts, Employment 

of, subd. 14 . 188 

Text Books that are to be Used, subd. 12.188 

Transportation of Pupils, subd. 13 ...188 

Trustees, Boards of, Time of Meeting, subd. 11.187 

HIGH SCHOOL DISTRICTS, ESTABLISHMENT AND GOVERNMENT OF 

Sec. 1720. Secondary Schools, Provisions for ..192 

Established in Accordance with Provisions of this 

Article .192 

How formed and Organized .192 

Sec. 1721. High School Districts, Kinds of .192 

City High School District, how Established .192 

Joint Union High School Districts, What is .192 

Term Includes Union High School Districts and Joint 

Union High School Districts .192 

When to be Known as Union High School Districts.192 

Sec. 1722. Petitions, How Signed ....-...193 

Affidavit, When Required from Petitioners .193 

Qualifications of Heads of Families, as to Signers .193 

Who Competent to Sign.193 

Sec. 1723. Jurisdiction over High School Districts .... a .193 

County Superintendent of Schools to have .193 

In Case District is Situated in Mote than One County.193 

Sec. 1724. Validation of High School Districts .193 

Election, Certificate by Superintendent Conclusive 

after One Year . 193 

Prior to Taking Effect of this Section .193 















































SUPPLEMENTAL INDEX TO 
(Page 176 to Page 213.) 

HIGH SCHOOL DISTRICTS, ESTABLISHMENT AND GOVERNMENT OE 
Continued. Page 

Sec. 1725. Formation of High School Districts in Cities, Etc..193 

Ballot, Form of .-193 

Canvassing Returns, Duty of Election Officers .194 

County Clerk to record Certificate Showing Number of 

Votes Cast .194 

Declaration of Result . 194 

Deemed formed, what Time .194 

Election for .194 

Election, How Called and Conducted .194 

High School Districts, How Formed .194 

Petition for, Signing and 

Filing . 194 

Verification of Signatures .194 

Voting, Manner of .194 

Sec. 1726. Organization of High School Boards in Cities, etc..194 

Board, Who Constitute ...194 

Boards, Election of President and Clerk .195 

Superintendent of Schools, when to give Notice by 

Registered Mail for Organizing Board .195 

Sec. 1727. Union High School Districts, Formation of .195 

Ballots, what to contain .195 

Canvassing Returns, Duty of Election Officers.195 

Certificate Showing Number of Votes Cast, Filed with 

County Clerk . 196 

Declaring Result . 195 

Election to be called by Superintendent of Schools.195 

Filing of Certificate . 195 

How Formed .:.195 

Notice of Election, Posting of .195 

Publishing of .195 

When Deemed Formed .196 

Sec. 1728. Joint Union High School Districts, Formation of.196 

Canvass of Returns . 196 

Certificate, Filing of .....——.196 

Declaration of Result . 196 

Duty of County Clerk.196 

Election, When Called and How Conducted .:.196 

How Formed .,.196 

Petition for .196 

When Deemed Formed .196 

Sec. 1729. Union High School Districts, Consolidation of .196 

Annexing to High School District of City .197 

Ballot, Form of .197 

Consolidation of High School Districts into .198 

Control of Merged Districts .197 

Election, How Conducted .197 

Petition, Number of Signatures .~.196 

Returns, How Canvassed .197 

Sec. 1730. High School Board in Union and Joint Union High School 

Districts .198 

Certificates of Election .199 

Election, When Called and how Conducted.199 

Notice of Meeting to be Sent by Registered Mail .199 

Number of Members ...198 

Qualifications of Members . 7. ...199 

Returns, by Whom Canvassed .-.199 

Term of Office .199 






















































SUPPLEMENTAL INDEX TO 

(Page 176 to Page 213.) 

HIGH SCHOOL DISTRICTS, ESTABLISHMENT AND GOVERNMENT OF 
Continued. Page 

Sec. 1731. High School Trustees, Annual Election of .199 

Canvass of Returns, When and by Whom Made .199 

Certificates of Election, by Whom Issued .199 

Classification of Members .199 

Election, by Whom Called .199 

How Conducted .199 

Of and Term of Office.199 

Officers, Number of .199 

Duplicate Certificates of Election to be filed with 

Superintendent of Schools .199 

Notice of Election, by Whom Given .199 

Polling Place, Determination of .199 

Vacancies, How Filled .200 

Sec. 1732. High School Board, Reorganization of on Change in Number 

of Districts.200 

Annexing for Excluding School District, Right of and 

Proceeding on .200 

Districts, How Decreased or Increased .200 - 

Election, How Conducted . v .200 

To be called by Superintendent of Schools.200 

Sec. 1733. School Districts, Change in Boundary of .200 

Boundaries, Changing Effect of .200 

Boundaries, How Changed .200 

District, Cannot Lie Partly 'Within High School District 

and Partly Without .200 

Duty of County Clerk .200 

Election, for New Districts, When and by Whom Called 

and How Conducted .200 

School District, New, to What High School District 

Belongs, Election to Determine .200 

Sec. 1734. School District, Admission to High School Districts.201 

Affidavit of Petitioners .201 

Duty of Board of Supervisors .201 

Duty of County Clerk . 202 

Election for Determining Assumption of Indebtedness, 

how Conducted .201 

To be Called by Board of Supervisors...201 . 

Exclusion of School Districts from High School Districts....202 
High School Districts, Admission to or Exclusion of 

School Districts from .201 

Petition for Annexation .201 

Sec. 1736. High School Districts, Disincorporation of.202 

Ballot, Form of .... .....203 

Duty of Board of Supervisors upon Receiving Report.203 

Election Officers, When to Report Result .203 

Election, by Whom Called, When and How Conducted.203 

May Disincorporate three Years after the Formation, 

Manner^of .202 

Notice of Election, Posting and Publication of .203 

Outstanding Bonded Indebtedness .203 

Petition, to Whom Presented .203 

Property, Disposition of .203 

Verification of Signatures by Superintendent of Schools....202 

Sec. 1738. County High Schools, Establishment of .204 

Additional Establishment of .204 

Ballot, Form of .204 

Board of Supervisors to declare Establishment of District....204 

Duty of County Clerk .204 

Election, Special, by whom Called and How Conducted.204 

















































SUPPLEMENTAL INDEX TO 

(Page 176 to Page 213.) 

HIGH SCHOOL DISTRICTS, ESTABLISHMENT AND GOVERNMENT OF 
Continued. Page 

Petition for, Number of Signers, Presented to Board of 

Supervisors .204 

Proceedings to Establish .204 

Notice of Election, Posting and Publication of .204 

Sec. 1742. High School, Location of .204 

Ballot, Form of . 205 

Change of, Right of and Proceedings for.204 

Election, to change Location of School .205 

To Determine site where Board cannot Agree 

on .204 

To Agree on to be called by Superintendent 
* of Schools .;...204 

Sec. 1745. High School Districts, Election for Issuance of Bonds for.205 

Ballots, Form of .206 

Canvass of Returns, Time of and by Whom .206 

Election, Sections of Code under which same is 

Conducted .206 

Notice of Eleceion, Posting and Publication of.206 

Petition, Number of Signers.206 

Sec. 1746. Issuance of Bonds, When Two-thirds of Votes Cast Favor.206 

Amount of Bonds, not to Exceed 5% of Taxable 

Property ...206 

Board of Supervisors to Advertise for Bids .207 

To Prescribe Form of Bonds.207 

Notice of Election, Specifications of . 207 

Principal and Interest,, Where Payable .207 

Sec. 1749 County High Schools, Election for Issuance of Bonds for.207 

Additional Schools, How Established.208 

Election for Additional Schools .208 

How Conducted .208 

To be called by Board of Trustees .208 

Petition, Number of Signers .208 

DISTRICT SCHOOL TAX. 

Sec. 1830. School District Tax, Election to Determine.208 

Board of School Trustees to call Election .208 

Election May be called Prior to August 15th, in any 

Year . .208 

Tax, Levy of, for what Purposes.208 

Trustees may call Election, District School Tax for 

Additional School District Facilities, .when .208 

Sec. 1831. Notice of Election.208 

How, Where and When Posted and Published .208 

Sec. 1832. Notice of Election, What to Specify.,.209 

Sec. 1833. Election, How Conducted...209 

Informalities, not to Invalidate .209 

Sections of Political Code under which Elections are 

Conducted .-.209 

Sec. 1834. Ballots, What to Contain .209 

Sec. 1835. Election Returns . 209 

Duty of Election Officers. 209 

Board of School Trustees .209 

Sec. 1836. Trustees Must Report Certificate to Board of Supervisors.209 

Amount of Money Raised to be reported to Board of 

Supervisors .-.209 














































SUPPLEMENTAL INDEX TO 

(Page 176 to Page 213.) 

DISTRICT SCHOOL TAX—Continued. Page 

Sec. 1837. Supervisors to Levy Tax Upon all Taxable Property in 

District ....}..209 

Duty of County Auditor .209 

Election, to levy Taxes, When Held and How Conducted....209 

Tax Rate, How Ascertained ...209 

Tax, Computation, Entry, Collection and Disposition of.209 

Supervisors to Levy . 209 

PUBLIC SCHOOLS, MISCELLANEOUS PROVISIONS RELATING TO. 

Sec. 1880. School District Bonds, Election for..210 

Election for Issuance by School District.210 

For Order, Valid if Signed by Majority 

of Board .210 

Governing Body ........210 

Order calling for Election . 210 

Purposes for Which Bonds may be Issued .210 

When to be Called .,.210 

Sec. 1881. Notice of Election .,...210 

Publishing and Posting of, Time of .211 

Sec. 1882. Notice of Election, What to Contain.211 

Statement of Purposes . 211 

Sec. 1883. Election, How Conducted... 211 

Ballots, form of . 211 

Sections of Political Code under which elections 

are Conducted . 211 

Sec. 1884. Issuance of Bonds, Election for, Canvass of Votes .211 

Board of Supervisors to Issue Bonds .211 

Limitation of Amount of Bonds .211 

Returns Made to Govern Body .211 

Supervisors, when to Issue Bonds . 211 

Sec. 1885. Form of Bonds, When Payable .212 

Board of Supervisors to Prescribe Form of Bonds.212 

To fix Time when Installments 

are Payable .212 

Duration of Bonds ...212 

Sec. 1886. Sale of Bonds . 212 

Interest, When Payable . 212 

Manner of .212 

Proceedings for Issuance of Validated . r .212 

Sections of Political Code Under Which School Bonds 
Are Issued .212 



































SCHOOL DISTRICTS. 


177 


hundred and eighty-eight of this code, inclusive; provided, 
however, that the last assessment roll made by the County 
Assessor shall be the only basis of taxation for such school dis¬ 
trict on the property outside the corporate limits so annexed 
for school purposes. 

(Approved April 23, 1913.) 

Sec. 1577. Formation of School Districts. First—No new 
school district shall be formed at any other time than between 
the first day of October and the tenth day of February, nor 
at that time unless the parents or guardians of at least fifteen 
children between the ages of five and seventeen years as 
shown by the petition, residents of such proposed new district, 
and residing at a greater distance than two miles by a traveled 
road from the public school house in the district in which such 
parents or guardians reside, present a petition to the superin¬ 
tendent of schools, setting forth the boundaries of the new dis¬ 
trict asked for; provided, that the provision requiring the pe¬ 
titioners shall reside a distance of more than two miles by 
a traveled road from said public school house may be dispensed 
with when the petition shall be signed by parents or guardians 
of fifty or more children between the ages of five and seven¬ 
teen years, residents of a district or districts containing more 
than two hundred children in average daily attendance in the 
elementary schools of said district or districts as shown by the 
report of teacher or principal of said school or schools on file 
in the office of the county superintendent of schools for the 
school year immediately preceding. 

Second—The boundaries of a school district, except as pro¬ 
vided in section one thousand five hundred fifty-one of the Politi¬ 
cal Code, shall be changed only between the first day of October 
and the tenth day of February in any year, and then only when 
at least ten heads of families residing in the districts affected 
bv the proposed change of boundaries shall present to the 
superintendent of schools a petition setting forth the changes 
of boundaries desired, and the reasons for the same; provided, 
that two or more elementary school districts lying contiguous 
may at any time be united to constitute but. one district, when¬ 
ever a petition signed by a majority of the heads of families 
residing in each of said districts shall be presented to the super¬ 
intendent of schools. Said petition shall be acted upon in the 
same manner as is done in case of the formation of new school 
districts. 

Third—Joint districts (that is, districts lying partly in one 
county and partlv in another) may be formed at any time 
between the first day of October and the tenth day of February 
in am- vear, whenever a petition signed by the parents or 
ovardians of at least fifteen children between the ages of five 
and seventeen years as shown by the petition residents of such 
proposed joint district and residing at a greater distance than 
two miles by a traveled road from any public school house, 


When held. 


Change of 
boundaries. 


Formation 
of joint 
districts. 


178 


CALIFORNIA ELECTION LAWS. 


Children of 
new districts. 


Transfer of 
funds. 


Duty of 
Superin¬ 
tendent. 


shall be presented to the superintendent of schools of each 
county affected by the proposed formation of the joint dis¬ 
trict ; and provided, further, that the provision requiring that 
the petitioners shall reside a distance of more than two miles 
by a traveled road from a public school house may be dis¬ 
pensed with when the petition shall be signed by the parents 
or guardians of fifty or more children between the ages of five 
and seventeen years as shown by the petition, residents of 
school district or districts containing an average daily attend¬ 
ance of two hundred or more in the elementary schools of said 
district or districts as shown by the reports on file in the office 
of the superintendent of schools for the school year immediately 
preceding. All the provisions relative to the formation of joint 
districts shall be by concurrent action of the superintendent and 
the Board of Supervisors of each county afifected; still further 
provided, that by concurrent action of the Boards of Supervisors 
and the county school superintendents, contiguous school dis¬ 
tricts or parts of such school districts lying in different counties 
may, on proper petitions as above required, be united to form 
a joint school district, and the school property within the 
territory thus united shall become the property of the newly 
formed joint school district. 

Fourth—The children residing in any newly formed dis¬ 
trict, in any district whose boundaries have been changed, or 
in any joint district, shall be permitted to attend the school 
in the district or districts from which the newly formed dis¬ 
trict was constituted until the first day of July next succeed¬ 
ing the formation or change. 

Fifth—Whenever a district shall be united with a munici¬ 
pality or with another district, all funds belonging to said 
district shall be transferred, by requisition of the superintend¬ 
ent of the county upon the county auditor, to the municipality 
or district with which said district is united. 

Sec. 1578. Petition to be transmitted to Board of Super¬ 
visors. After giving due notice to all parties interested, by 
sending notice by registered mail to each of the trustees of 
any school district that may be afifected by the proposed 
change, or by causing notices to be posted in three public places 
in each district afifected, one of which shall be at the 
door of the school house of said districts for at least one week, 
the county superintendent must transmit the petition to the 
Board of Supervisors, with his approval or disapproval. If 
he approves the petition he may note such changes in the 
boundaries as he may think desirable. 

Sec. 1579. Duties of Supervisors on same. The Board of 
Supervisors must, at their first meeting after the receipt of 
the petition, act upon the same. If the Board establishes the 
district, they may do so in accordance with the original prayer 
of the petition, or with such modifications as they choose to 
make. 


SCHOOL DISTRICTS. 


179 


Sec. 1580. When divided by county line, to be joint district. 

Whenever any school district has been, or shall hereafter be, 
intersected by any county boundary line in the formation of 
any new county, or in changing the boundary of any county, 
and portions of the district then lie in different counties, such 
district, shall by operation of law constitute and become es¬ 
tablished as a joint school district, at the time of such inter¬ 
section, unless otherwise provided. 

(Approved April 15, 1913.) 

Sec. 1584. When district is governed by city charter. A 

school district, a portion of which is embraced within the 
limits of an incorporated city or town governed by a charter 
proposed and adopted as provided by Sec. 8 of Article XI of 
the Constitution of the State of California, may be subject to, 
controlled and governed by the provisions of such charter re¬ 
lating to and providing for the management of public schools 
in the manner provided in this section. The Board of Trustees 
of such school district may provide for the holding of an elec¬ 
tion at the time, and in the form and manner for holding elec¬ 
tions for school trustees, at which election shall be submitted 

the question of the district being governed by the provisions 

of the charter of such city or town. The ballots used at such 
election shall contain the words “Shall the (name of district) 

be governed by the charter of the city (or town) of.” 

and the words “Yes” and “No” so placed that the voters may 
clearly indicate their choice in this connection. The board 
having charge of such election shall count the ballots cast on 
such proposition and make return thereof to the Board of 
Trustees of such school district. If it shall appear from such 
returns that a majority of the votes cast on such proposition 
were in favor thereof, then said Board of Trustees shall certify 
said result to the Board of Education provided for in the 
charter of such city or town, and from and after the date of 

such certificate said school district shall be governed by the 

provisions of such charter relating to the establishment, man¬ 
agement and control of the public schools; provided, however, 
that in any case where any such school district or portion of 
school district, is embraced within the corporate limits of a 
city or town having such charter as is herein referred to, and 
the electors of such school district have participated in and 
voted at any school election held subsequent to the adoption of 
and under the provisions of such charter, then the electors of 
such school district shall be deemed to have submitted to be 
governed in all matters relating to the management of public 
schools within such school district or high school district as 
fully and to all intents and purposes as though the electors 
of such school district or high school district had by their votes 
elected to be governed by the provisions of such charter. All 
qualified electors residing in such school district, whether re- 


Ballot. 


Electors. 



180 


CALIFORNIA ELECTION LAWS. 


siding within or without the boundaries of such incorporated 
city or town, shall be entitled to vote for members of the Board 
of Education at any election held for that purpose. 


ARTICLE VI. 


ELECTION OF SCHOOL TRUSTEES. 


Number of. 


New 

•districts. 


Vacancies. 


Annual 

elections. 


Failure 
to post. 


Day of Election—Number of Trustees—New Districts—Va¬ 
cancies—Term. 

Sec. 1593. Election of trustees, when and where held. 

First—An election for school trustees must be held in each 
school district on the first Friday of April of each year, at the 
district schoolhouse, if there is one, and if there is none, at 
the place to be designated by the Board of Trustees. 

Second—The number of school trustees for any school dis¬ 
trict, except where city boards are otherwise authorized by 
law, shall be three. No person shall be deemed ineligible to 
the office of trustee on account of sex. 

Third—In new school districts the school trustees shall be 
elected on the first Friday of April subsequent to the formation 
of the district, to hold office for one, two and three years, 
respectively, from the first day of May next succeeding their 
election. 

Fourth—When a vacancy occurs from any of the causes 
specified in section nine hundred and ninety-six of this code, 
the. county superintendent of schools shall appoint a suitable 
person to fill such vacancy until the first day of May next 
succeeding the appointment, and a trustee shall be elected 
at the next April election, to hold office for the remainder of 
the term. 

Fifth—Except as provided in subdivisions two and three of 
this section, one trustee shall be elected annually, to hold office 
for three years from the first day of May next succeeding his 
election, or until his successor shall be elected, or appointed, 
and qualified. (Amendment approved April 22, 1913.) 

(Note: See also Political Code, Sec. 4023.) 

Sec. 1595. Notice of election, posting of. Not less than ten 
days before the election required under Sec. 1593, the trustees 
must post notices in three public places in the district, which 
notices must specify the time and place of election, and the 
hours during which the polls will be kept open; if within five 
days of the election the trustees have failed to post the notices 
required under this section, then any three electors of the 
district may give notice of such election. 

Sec. 1596. Formation of precincts, and appointment of elec- 





SCHOOL DISTRICTS. 


181 


tion officers. Trustees or Board of Education charged with the 
calling, conduct and carrying on of elections, may subdivide 
the district into election precincts for the holding of the elec¬ 
tion, and may change and alter such precincts as often as oc- how^itered 
casion may require, and must appoint one inspector and two 
judges of election in each precinct; if none are so appointed, 
or, if those appointed are not present at the time for opening the 
polls, the electors present may appoint them, and they shall 
conduct the election. 

Sec. 1597. Opening and closing of polls in school elections. 

In districts in which the average daily attendance as shown by. Daily atten- 
the teacher’s register exceeds four hundred, the polls must be governed by. 
open at eight o’clock a. m., and kept open until six o’clock p. m. 

In other districts the polls must not be opened before nine o’clock 
a. m., nor kept open less than four hours; provided, however, in 
all elections held for the purpose of authorizing the incurring of 
any bonded indebtedness the polls must be opened at eight 
o’clock a. m., and kept open until six o’clock p. m. 

Sec. 1598. Who entitled to vote. Every elector, resident 
of the school district, who is a qualified elector of the county, 
and who is registered in the precinct where the election is 
held at least thirty days before the election, may vote thereat. 

Sec. 1599. Voting must be by ballot. (Amendment approved 
June 13, 1913; in effect August 10, 1913.) The voting must be 
by ballot (without reference to the general election law in re¬ 
gard to nominations, form of ballot, or manner of voting), 
which shall be handed by the elector voting to the Inspector 
who shall then, in his presence, deposit the same in the ballot- 
box, and the judges shall enter the elector’s name on the poll 
list; provided, that no electioneering shall be carried on within 
one hundred feet of the polls; and provided, further, that the 
Board of School Trustees may arrange for secret ballot by 
providing booths or private rooms in which the voter must pre¬ 
pare his ballot. 

Sec. 1600. Challenges. Any person offering to vote may be 
challenged by any elector of the district, and the judges of elec¬ 
tion must thereupon administer to the person challenged an oath, 0a th. 
substance as follows; “You do swear that you are a citizen of 
the United States, that you are twenty-one years of age, that you 
have resided in this State one year, in this county ninety days, 
and in this school district thirty days preceding this election, 
and that your name is on the great register of this county, 
and was on the great register of a precinct in this school dis¬ 
tract at least thirty days before this election, and that you have 
not before voted this day.” If he takes the oath prescribed in 
this section, his vote must be received, otherwise his vote must 
be rejected. 

Sec. 1601. Poll and tally lists. A poll and tally list must be 
kept and returned to the Board of Trustees. 


182 


CALIFORNIA ELECTION LAWS. 


Sec. 1602. Certificates of election. The officers of election 
must publicly canvass the votes immediately after closing the 
polls, and make, sign, and deliver certificates of election to the 
person or persons, elected, which must with the oath of office 
of the person so elected attached, be forwarded to the county 
superintendent of schools, and filed in his office. 


ARTICLE VII. 


BOARDS OF TRUSTEES OF SCHOOL DISTRICTS AND 
CITY BOARDS OF EDUCATION. 


Joint dis¬ 
tricts, for¬ 
mation of. 


Term of 
office. 


Sec. 1611. School districts, government of. Except when 
otherwise authorized by law, every school district shall be 
under the control of a Board of School Trustees, consisting of 
three members. 

(Note: Supervisors are empowered to divide counties into 
school districts. See Sec. 4041, Pol. Code.) 

Sec. 1613. Term of office, school trustees. The term of 
office of school trustees is three years from the first day of 
May next succeeding their election. 

Sec. 1614. Vacancies, how filled. First—Vacancies in the 
office of school trustees are caused by the happening of any of 
the events specified in section nine hundred and ninety-six of 
the Political Code, or by failure to elect, as provided in section 
one thousand five hundred and ninety-three of this code. 

Second-—When a school trustee resigns, his resignation must 
be sent in writing to the county superintendent of schools. 

Sec. 1615. Trustees of new districts and joint districts. 
First—When a new district is organized, such of the trustees 
of the old district as reside within the boundaries of the new 
shall be trustees of the new district until the expiration of 
the time for which they were elected. 

Second—When joint districts are formed, three trustees shall 
be elected at the April election next succeeding the formation 
thereof, to hold office for one, two and three years, respectively, 
from the first day of July next succeeding their election. The 
terms of the trustees in the districts uniting to form the joint 
district shall expire on the formation of said joint district, and 
the superintendent of the county, in which lies the district hav¬ 
ing the greater number of census children shall appoint two 
trustees, and the superintendent of the county in which the 
other district lies shall appoint one trustee, to hold office until 
the first day of July next succeeding the formation of the joint 
district. 

Sec. 1616. City Boards of Education pDvided for by special 





SCHOOL DISTRICTS. 


183 


statutes. Boards of Education are elected in cities under the 
provisions of the laws governing such cities, and their powers 
and duties are as prescribed in such laws, except as otherwise 
in this chapter provided. 


ARTICLE X. 


SCHOOLS. 


Formation and Maintenance of Union School Districts—Elec¬ 
tion—Organization of Boards and Choosing of Sites— 
Joint Union School Districts—Boards—Dis¬ 
solving of Districts. 

(Approved April 26, 1913.) 

Sec. 1674. Formation of union school districts. 'Union 
school districts may be formed, and union schools maintained 
therein, as in this section provided. 

First—When a majority of the heads of families who reside 
in two or more contiguous school districts and who have chil¬ 
dren attending school as shown by the teachers’ registers in the 
school of the said districts in the same county, shall unite in 
a petition to the county superintendent of schools for the for¬ 
mation of a union school district, to comprise the districts so 
petitioning, he shall, within twenty days after receiving said 
petition, call an election for the determination of the question, 
and shall appoint three qualified electors in each of the dis¬ 
tricts petitioning, to conduct the election therein. Said elec¬ 
tion shall be held separately and simultaneously at the public 
schoolhouse in each of the districts petitioning, and shall be 
called by posting notices thereof in three of the most public 
places in each district, one of which places shall be the public 
schoolhouse in each district at least ten days before said elec¬ 
tion. Said election shall be conducted by the officers appointed 
for that purpose, in the manner provided by law for conduct¬ 
ing school elections. The ballots at such election, in each dis¬ 
trict, shall contain the words, “For the union school district,” 
and the voter shall write or print after said words on his bal¬ 
lot the word “Yes” or the word “No.” It shall be the duty 
of said election officers in each district to canvass the vote at 
said election, and report the result to the county superintendent 
of schools within five days subsequent to the holding of said 
election. 

Second—If a majority of the votes cast at such election, in 
each and every of such districts, shall be in favor of such union 
school district, the county superintendent shall (except in the 
case of the formation of a union district consisting of but two 
districts, and as hereinafter provided for in subdivision fourth 


Formation 
of union 
school 
districts. 


Ballots. 


Majority of 
votes, in 
favor. 





184 


CALIFORNIA ELECTION LAW'S. 


Location. 


Representa¬ 
tives’ failure 
to agree. 


Form of 
ballot to be 
allowed. 


Joint union 

school 

district. 


of this section), within fifteen days after receiving the returns 
of the election held therein, direct the Board of Trustees in 
each of said districts to call a meeting of the qualified electors 
of their respective districts, in the manner provided in section 
sixteen hundred and seventeen of this code for calling district 
meetings. At said meeting the qualified electors shall in each 
district select one representative, whose powers and duties shall 
be as hereinafter specified. The representative so chosen shall 
name the union school district, and shall have power to make 
temporary arrangements for the location of one or more union 
schools therein, and, if satisfactory apartments or buildings in 
a suitable location are offered or can be procured, for a consid¬ 
eration or at a rental which would make it advisable to accept 
the same, they shall have the power to secure an option of a 
lease on such apartment or building for a period not to exceed 
three years from the first day of July next ensuing. Within 
forty days after their selection they shall notify the county 
superintendent of schools that they desire to meet to locate one 
or more union schools in and for such union district. There¬ 
after the representatitves so chosen shall meet in conjunction 
with the county superintendent of schools at a time and place to 
be named by the superintendent, for the purpose of determining 
the location of such union school or schools. At such meeting 
the superintendent shall be the chairman and shall be entitled 
to vote and participate in all its proceedings. Should said rep¬ 
resentatives fail to unanimously agree upon a location for such 
school or schools, they shall propose in writing to the county 
superintendent then present, or, if he is not present, they shall 
transmit to his office, within ten days, the names of the loca¬ 
tions which they, or any of them, favor. Within twenty days 
after receiving such notice, the superintendent shall call an 
election as provided in subdivision one hereof, to determine the 
location of the union school or schools. At such election only 
such sites as have been named by the representatives and cer¬ 
tified to the county superintendent shall be voted upon. Any 
form of ballot by which the voter signifies his choice of location 
or locations shall be allowed. The result of said election shall 
be determined and certified to the county superintendent, as 
provided in said subdivision one. The location or locations 
which receive the largest number of votes shall be chosen as the 
location or locations of the school or schools. 

Third—A union school district formed of school districts not 
all in the same county, is designated a joint union school 
district. 


(1) When a majority of the heads of families residing in 
two or more contiguous school districts not all in the same 
county and who have children attending the schools in the dis¬ 
tricts petitioning as shown by the teachers’ registers shall unite 
in a petition to the county superintendents of their respective 
counties for the formation of a joint union school district, to 


UNION SCHOOL DISTRICTS. 


185 


comprise the districts so petitioning, it shall be the duty of each 
of said superintendents, within twenty days after receiving 
said petition, to call an election in the district or districts in 
his county petitioning, for the purpose of determining the ques¬ 
tion, and appoint three qualified electors in each of such peti¬ 
tioning districts, to conduct the election therein. Said election 
shall be called and conducted in all respects as specified in sub¬ 
division one of this section, except that the form of ballot shall Form °f 
be: “For the joint union school district/’ and the result thereof a °" 
shall be reported by the election officers in each district to the 
superintendent of the county in which such district is situated, 
within five days subsequent to the holding of said election. 

(2) If a majority of the votes cast at such election, in each when^ of 
and every of such districts, shall be in favor of such joint union X? votes 0 
school district, the county superintendent in each county shall fJJorof. 
(except in the case of the formation of a joint union district 
consisting of but two districts, and as hereinafter provided for 
in subdivision four of this section), within fifteen days after 
receiving the returns of the election, direct the Board of Trus¬ 
tees in the district, or districts, in his county, to call a meeting 
of the qualified electors, as provided in subdivision two of this 
section. At said meeting the qualified electors, in each district, 
shall select a representative, as provided in said subdivision. 

The representatives so chosen shall meet at a time and place Location, 
to be agreed upon among themselves, and name the joint union 
school district. The location of the joint union school, or 
schools, shall be determined by the joint action of the repre¬ 
sentatives chosen and the county superintendents of the coun¬ 
ties, in manner and form as provided for the location of a union 
school, or schools. 

Fourth—Proceedings for the formation of, or for admission of effect 
to, a union or joint union school district may be begun at any ta mge 
time, but the schools in the district uniting to form, or that 
are admitted to, a union or joint union school district, shall 
remain under the control of their respective Boards of Trustees 
until the first day of July next succeeding the formation of the 
union or joint union district and the location of the union or 
joint union school, or schools, or of admission to a union or 
joint union district, on which first day of July the districts 
uniting to form the union or joint union school district, or the 
district admitted to such union, shall cease to exist, except for 
purposes specified in this section, and the terms of office of 
the school trustees in said districts shall expire, and the district 
property of each district so uniting or admitted shall vest in 
such union or joint union district and pass to the control of the 
Board of Trustees of such district, to be held and disposed of by 
them, as provided in section sixteen hundred and seventeen of 
this code; provided, that in union or joint union school districts 
formed by the union of but two school districts, no selection of 
representatives, as provided for in subdivision two of this sec- 


186 


CALIFORNIA ELECTION LAWS. 


Sale of 
property. 


Trustees. 


Composition 
of board of 
trustees. 


Classification 
of districts. 


School 
trustees 
elected for 
three years. 


Board when 
two districts 
unite. 


tion, is necessary, and the Board of Trustees for the original 
school districts shall act as the representatives, and shall con¬ 
stitute the Board of Trustees for the new union or joint union 
school district, and each of such trustees shall continue in office 
for the term for which he was elected, except as hereinafter 
provided; and provided, further, that the proceeds of any sale 
by the Board of Trustees of the union or joint union school dis¬ 
trict, of school property that originally belonged to any of the 
original districts, must first be applied to the discharge of any 
bonded indebtedness of such original district. 

Fifth—In the formation of union or joint union school dis¬ 
tricts, the representatives selected according to the provisions 
of subdivision two of this section shall act as a Board of Trus¬ 
tees for such union or joint union district, until the election or 
appointment and qualification of the regular Board of Trustees, 
as hereinafter provided. 

Sixth—In union or joint union school districts, formed by 
the union of more than two school districts, the Board of Trus¬ 
tees shall be composed of one member elected from each dis¬ 
trict composing the union or joint union district, at the time and 
in the manner provided for the election of school trustees, ex¬ 
cept as otherwise provided in this section. The county school 
superintendent (or superintendents by concurrent action in 
joint union school districts) shall, in union or joint union school 
districts composed of three or more school districts, divide the 
districts composing the union or joint union school districts in 
three classes, as nearly equal in number of school districts as 
possible, to be designated by him (or them) as class A, B, and 
C, respectively. At the first annual school election following 
the organization of the union or joint union school district and 
the location of the school or schools, the districts in class A, as 
so divided and designated, shall each elect a school trustee for 
one year; the districts in class B shall each elect a school trustee 
for two years; the districts in class C shall each elect a school 
trustee for three years; and all the trustees so elected shall con¬ 
stitute the Board of Trustees of the union or joint union school 
district. At each annual election thereafter, as terms of office 
expire, the school trustees shall be elected for three years, and, 
in case of expiration of term of appointment, for the unexpired 
term. Vacancies in the Board of School Trustees shall be filled 
by appointment by the county superintendent of schools (in 
case of joint union school districts by appointment by the 
county superintendent of the county in which the vacancy 
occurs), the appointee or appointees to hold until the first day 
of May next succeeding the appointment. 

Seventh—In union or joint union school districts formed by 
the union of but two school districts, the Board of Trustees of 
the union or joint union district shall consist of the two Boards 
of Trustees of the district so uniting, and each trustee shall con¬ 
tinue to hold office for the term for which he was elected; pro- 


UNION SCHOOL DISTRICTS. 


187 


vided, that should one or more additional districts at any time 
be admitted to such union or joint union district, the Board of 
Trustees shall then consist of one trustee from each of the 
original districts, as provided in subdivision six of this section, 
and the terms of the trustees in the two original districts and of 
the trustees in the district or districts admitted shall expire on 
the first day of May next ensuing after the admission of the 
third district. 

Eighth—After the location of the union or joint union school, 
or schools, has been determined, as provided in subdivision two 
of this section, the representatives, acting as a Board of Trus¬ 
tees, or their successors, may erect or lease a suitable building, 
as they may deem most advisable. A lease shall not be made 
for a longer period than three years. A building may be erected 
under the provisions of sections eighteen hundred and thirty 
to eighteen hundred and thirty-nine, inclusive, of this code, 
relating to a district tax, or sections eighteen hundred and 
eighty to eighteen hundred and eighty-nine, inclusive, of this 
code, relating to the issuance of bonds. In all cases the plans 
must be approved by the county superintendent of schools of 
the county in which the schoolhouse is to be located. 

Ninth—No change of location of any union or joint union 
school, when once established, shall be made, except upon a 
petition to the county superintendent of schools (or superin¬ 
tendents, in case of a joint union district), signed by two thirds 
of the heads of families who reside in the school district and 
who have children attending the school as is shown by the 
teacher’s register in the school, and then only in accordance 
with all the provisions of the original location of the school, 
as contained in subdivisions two or three of this section. 

Tenth—The powers and duties of Boards of Trustees in union 
or joint union school districts shall be such as are now, or may 
hereafter be assigned by law to Boards of School Trustees, ex¬ 
cept as otherwise provided in this section. 

Eleventh—Boards of Trustees of union or joint union school 
districts shall hold regular meetings at the school building, at 
such time as may be provided in the rules and regulations 
adopted by them for their own government. Such meetings 
shall not be held less frequently than quarterly. Special meet¬ 
ings may be held at the call of the president of the board. 
Upon the request, in writing, signed by a majority of any 
board, the president of said board shall call a meeting thereof, 
pursuant to such request. Of all special meetings of any board 
the members thereof shall have at least two days’ notice, issued 
and served by the clerk thereof. At special meetings no busi¬ 
ness shall be transacted other than as specified in the call there¬ 
for; provided, that in union and joint union districts formed 
by the union of more than three school districts the board may 
appoint an executive committee, consisting of the president and 


Building. 


Change of 
location. 


Powers of 
boards. 


Meetings of 
boards, 
time of. 


188 


CALIFORNIA ELECTION LAWS. 


Course of 
study. 


Transporta¬ 
tion of 
pupils. 


Supervising 

principal. 


Transfer of 
funds, 
when made. 


Separate 

existence. 


. Enrollment, 
separate. 


the clerk and one other member of the board, to attend to the 
routine business of the board, their action to be reported to the 
board for ratification at its first meeting ensuing. 

Twelfth—The course of study shall be that prescribed by 
the proper authority, and shall embrace a period of not less 
than eight years, except as may be hereafter provided by law; 
and the text-books used shall be those adopted by.the proper 
authorities. In joint union districts the provisions of section 
fifteen hundred and eighty-three of this code shall apply. 

Thirteenth—The Board of Trustees of a union or joint union 
school district may contract, in such manner as they may deem 
best, for the transportation, to and from school, of such pupils 
as may seem to such board to be in need of such transportation, 
and shall pay for such transportation, in the usual manner, out 
of any funds available for the purpose; provided, that all such 
contracts for transportation shall be first approved by the 
county superintendent (or superintendents) of schools of the 
county (or counties) in which such district is situated. 

Fourteenth-—Whenever in their judgment it may be deemed 
advisable, the Board of Trustees for any union or joint union 
school district may unite with the trustees of any other school 
district, single, union or joint, in the employment of a super¬ 
vising principal, who shall devote such time to the supervision 
of instruction in the several school districts and shall receive 
such compensation from each Board of Trustees as may be 
agreed upon by them. 

Fifteenth—(1) On the first day of July next ensuing after 
the formation of a union or joint union school district, or the 
admission thereto of a school district, the county superintend¬ 
ent of schools (or superintendents in joint union school dis¬ 
tricts) shall transfer, by requisition upon the county auditor, 
all funds remaining to the credit of the different districts 
uniting to form the union or joint union district (or to the 
credit of the district admitted thereto) to the credit of such 
union or joint union district. 

(2) For the purposes of teachers’ reports and for the esti¬ 
mating of the number of teachers and the amount of money to 
which each district is entitled, the several districts uniting to 
form the union school district, shall continue their separate 
existence. 

The teacher or teachers shall keep the enrollment and attend¬ 
ance of each district separate from that of the other districts 
composing the union. At the close of the term or year, a report 
shall be made of the attendance of each district composing the 
union separately. These separate reports shall be combined 
into a principal’s report. In case of a joint union school dis¬ 
trict, the teacher or teachers shall send a copy of each report 
to the county superintendent in whose county parts of the 
district lie; and provided, further, that no moneys shall be 


UNION SCHOOL DISTRICTS. 


189 


apportioned directly to any of such several districts, while 
forming a part of an organized union or joint union school 
district, but there shall be apportioned to such union or joint 
union district the aggregate of moneys that would be appor¬ 
tioned to the several school districts composing it, if such sev¬ 
eral districts were not united. 

Sixteenth—(1) Any school district may be admitted to a i d “e® lon 
union or joint union school district by action of the Board of districts. 
Supervisors of the county in which such school district is 
located, upon such terms as may be agreed upon between the 
Board of Trustees of the school district seeking admission and 
the Board of Trustees of the union or joint union school dis¬ 
trict, whenever a majority of the heads of families who reside 
in the district and who have children enrolled in the school as 
is shown by the teacher’s report on file in the office of the 
superintendent of schools for the year or term immediately 
preceding, shall present to said Board of Supervisors a petition 
for such annexation, accompanied by a petition for such 
annexation signed by a majority of the members composing 
the Board of Trustees of the union or joint union district to 
which admission is desired. The county superintendent of 
schools shall then classify the newly admitted district, in class 
A, B. or C, as provided in subdivision six of this section, for 
the election of a trustee thereby. If such petitioning school 
district and such union or joint union school district be not 
wholly situated in the same .county, then said petitions shall 
be presented in duplicate to the Board of Supervisors of each 
and every county in which any part of either of such districts 
is situated, and such annexation shall be made only by the 
concurrent action of all*of such Board of Supervisors; and in 
that case the classification of the annexed district, for election 
of a trustee, shall be made by concurrent action of the county 
superintendents of each and all such counties. 

( 2 ) A portion of a school district may be admitted to an 
adjacent union or joint union school district by action of the district. 
Board of Supervisors of the county in which such school district 
is situated, whenever a majority of the heads of families who 
reside in the district and who have children attending the school 
as shown by the teacher’s register, shall present to said Board 
of Supervisors a petition for such annexation, accompanied by 
a petition for such annexation signed by a majority of the mem¬ 
bers composing the Board of Trustees of the union or joint 
union district to which admission is desired. The Board of 
Supervisors shall attach such annexed portion of a school dis¬ 
trict to a contiguous original school district forming part of 
the union or joint union district, for voting and other pur¬ 
poses, and such annexed portion shall thereafter be a part of 
the original district to which it is so attached, and cannot 
subsequently withdraw from the union or joint union district, 
except as the district to which it is so attached withdraws 


190 


CALIFORNIA ELECTION LAWS. 


Withdrawal 
of district. 


Dissolution 
of district. 


Election, 
when held. 


Notice of 
election. 


Such annexed portion shall have no representation on the 
Board of Trustees of the union or joint union school district, 
except as a part of the district to which it is attached. If such 
portion of a school district and such union or joint union 
school district be not wholly situate in the same county, then 
said petition shall be presented in duplicate to the Board of 
Supervisors of each and every county in which any part of 
either of such districts is situated, and such annexation, and 
such attachment of annexed portion to one of the original dis¬ 
tricts, shall be made only by the concurrent action of all such 
Boards of Supervisors. 

(3) Any school district contained in a union or joint union 
school district may, in like manner, withdraw from such union 
or joint union district by action of the board (or boards) of 
supervisors of the county (or counties) in which the union or 
joint union district is located, upon such terms as may be 
agreed upon between the trustee of the school district seeking 
to withdraw and a majority of the other members of the Board 
of Trustees of the union or joint union district, whenever a 
majority of the heads of families residing in the union or joint 
union district, including two-thirds of the heads of families 
who reside in the district wishing to withdraw and who have 
children attending the school as shown by the teacher’s register, 
shall present to such board or boards of supervisors a petition 
for such withdrawal, accompanied by a written consent to such 
withdrawal signed by a majority of the members composing 
the Board of Trustees of such union or joint union district. 

Seventeenth—Any union or joint union school district, 
formed under the provisions of this section, and which shall 
have been in existence three years or more, may be dissolved 
in the following manner: A petition signed by two thirds of 
the heads of families who reside in the district and who have 
children who attend the school as shown by the teacher’s 
register or as may be shown by a census of the district ordered 
by the Board of School Trustees, shall be presented to the 
county superintendent of schools of the county in which such 
district is situated, setting forth briefly the reasons for dissolu¬ 
tion and praying that the question may be submitted to the 
voters in such district. Upon receiving such petition the 
superintendent shall, within twenty days, call an election in 
the district, submitting to the voters therein the question of 
dissolution of such district. If such petitioning district be 
not wholly situated within the same county, said petition shall 
be presented in duplicate to the superintendent of each county 
having territory within such district, and each superintendent 
so petitioned shall, within twenty days after receiving such 
petition, call an election in the territory situate within his 
county and forming part of such district, and appoint three 
electors resident within such territory to conduct such election 
therein. Notice of such election, which must be held through- 


UNION SCHOOL DISTRICTS. 


191 


out the district on the same day and during the same hours, 
shall be given by posting written or printed notice thereof in 
at least three of the most public places in such district for 
at least twelve days next before the day set for such election; 
and if such district be not wholly situated in the same county, 
said notice shall be posted for said time in three of the most 
public places in the portion of the district in each county. 
Said election shall be conducted in the manner provided by 
law for conducting school elections. The ballots shall have 
printed on them the words “For Dissolution,” and the voters 
shall write or print thereafter the word “Yes” or the word 
“No.” The election officers shall report the result of such 
election within five days thereafter to the county superin¬ 
tendent of schools of the county of which they are residents. 
If a majority of all the votes cast at such election be opposed 
to dissolution, no further petition shall be entertained or 
election ordered for a similar purpose within three years next 
following such election. If the district in which such election 
is held be wholly situated in one county, and if two thirds of 
all the votes cast at such election be in favor of dissolution, the 
county superintendent of such county shall forthwith certify 
the result of such election to the Board of Supervisors of such 
county, and such board shall, at its first regular meeting there¬ 
after, make an order declaring such union district dissolved, 
such order to take effect at the end of the current school year, 
except as hereinafter provided. If the district in which such 
election is held be not wholly situated in one county, each of 
the county superintendents of the counties having territory 
therein shall immediately certify to the others the result of the 
election in his own county, and if two thirds of all the votes 
cast at such election be in favor of dissolution, all of such 
county superintendents shall, jointly, forthwith certify the 
result of such election to the Board of Supervisors of each of 
such counties, and said boards, and each of them, shall, at the 
first regular meeting thereafter, make an order declaring such 
union or joint union district dissolved, such order to take effect 
at the end of the current school year, except as hereinafter 
provided. When a union or joint union school district has 
been thus dissolved, the property thereof shall be sold by the 
Board of Supervisors of the county in which such property is 
situated, and the proceeds of such sale, together with any 
moneys in the treasury to the credit of such dissolved district, 
shall be apportioned to and placed to the credit of the school 
districts that composed such dissolved district in proportion to 
the value of property in each of such school districts, as deter¬ 
mined by the last previous assessment therein for school pur¬ 
poses, and the board or boards of supervisors of the county or 
counties in which such dissolved district is situated shall make 
such orders, and such transfers from county to county, as may 
be necessary or proper to effect such apportionment. From 
and after the time of the making of the order or orders herein- 


Ballot, what 
to contain. 


Majority 

against. 


Order of 
dissolution. 


Property 

sold. 


192 


CALIFORNIA ELECTION LAWS. 


Separate 
districts in 
existence. 


Attendance 
less than 
five, for the 
year. 


before provided for, declaring a union or joint union school 
district dissolved, the original school districts composing the 
same, with such additional territory as shall have been annexed 
to them, shall be considered to be in existence again, as separate 
districts, and subject to the provisions of sections fifteen hun¬ 
dred and ninety-three to sixteen hundred and two of this code, 
relating to elections for school trustees, the first of such elec¬ 
tions in each of such districts to be held as in the case of a 
newly formed district; but such order or orders shall not affect 
the continuance of the union or joint union Board of Trustees, 
or the maintenance of the union or joint union school, until the 
end of the current school year, at the expiration of which time 
such board and school shall cease to exist. 

Eighteenth—If the average daily attendance from any one 
of the school districts composing a union or joint union school 
district shall fall to five or less for the entire year, the county 
superintendent shall report the facts to the Board of. Super¬ 
visors under the provisions of subdivision two of section one 
thousand five hundred and forty-three of the Political Code 
and the Board of Supervisors shall lapse or suspend the district 
as is provided in the section named. 


ARTICLE XIV. 


ESTABLISHMENT AND GOVERNMENT OF HIGH 
SCHOOL DISTRICTS. 


When to he 
known as 
union high 
school 
district. 


Sec. 1720. Secondary school provided for. The secondary 
schools of the State shall be known and designated as high 
schools and technical schools. High schools may be established 
and high school districts formed and organized, in accordance 
with the provisions of this article. Whenever any high school 
district is so formed and organized the governing body thereof 
shall establish and maintain one or more high schoof districts 
therein. 

Sec. 1721. High school districts, kinds of. A high school 
district composed of two or more high school districts shall be 
known as a union high school district, and such designation 
shall be part of its name. If such school districts or portions 
thereof, are in more than one county, such union high school 
district shall be known as a joint union high school district and 
such designation shall be part of its name. Whenever the term 
high school district is used in this article or in article 15 of this 
chapter, it shall, unless a contrary intent appears, be deemed to 
include “Union high school districts,” joint union high school 
districts and county high school districts. Any city school dis¬ 
trict which has been for a period of one year preceding the 





HIGH SCHOOL DISTRICTS. 


193 


taking of effect of this section, established and maintained a 
high school within such district, shall be deemed to be and 
constitute a city high school district. 

Sec. 1722. Petitions, how signed. Whenever by the pro¬ 
visions of this article the signatures of heads of families or of 
electors are required to any petition, any person who at the 
time of signing such petition is the head of a family, shall be 
competent to sign a petition, or any elector shall be competent 
to sign a petition. The superintendent of schools may require 
an affidavit from one or more of the petitioners as to the 
correctness of the facts given in the petition. 

Sec. 1723. Jurisdiction over high school districts. For the 

purposes of this article and of article 15 of this chapter 
every county superintendent of schools shall have Jurisdiction 
over all high school districts which are wholly situated in his 
county; and in case of a high school district situated in more 
than one county, the superintendent of schools of the county 
in which the high school is located, if such district is existing 
at the time this section takes effect, or the county superin¬ 
tendent of schools in whose office the original petition for the 
formation of such district is filed, if such district shall be here¬ 
after formed or organized, shall have jurisdiction over such 
high school district. 

Sec. 1724. Validation of high school districts. All proceed¬ 
ings for the formation and organization of high school dis¬ 
tricts and the establishment of county, city, city and county, 
union, joint union and district high schools, had prior to the 
taking effect of this section, are hereby validated and declared 
legal, and said high school districts and high schools, and any 
other high school districts which have been acting as such for 
more than one year previous to the taking effect of this section, 
are hereby declared to be legally formed, organized and estab¬ 
lished ; and in all cases where high school districts shall here¬ 
after be formed, organized and established, the certificate ot 
the county superintendent mentioned in sections seventeen hun¬ 
dred twenty-five, seventeen hundred twenty-seven, seventeen 
hundred twenty-eight and seventeen hundred twenty-nine, when 
filed with the County Clerk, when the result of the election as 
therein declared is in favor of the formation of a high school 
district, shall after the expiration of one year from the date 
of such filing be conclusive evidence that such high school dis¬ 
trict has been legally formed. 

Sec. 1725. Formation of high school districts in cities, etc. 

Whenever a majority of the heads of families or a majority of 
the electors residing in an incorporated city, or town or a 
school district in which the average daily attendance in the 
elementary schools of the district shall be one hundred or more 
as shown by the last reports of the teachers in said district, shall 
unite in a petition for the formation of a high school district 


Qualifications 
of heads of 
families. 


Duty of 
Superin¬ 
tendent 
of schools. 


Petition. 


Election. 


Ballot, 
form of. 


Superin¬ 
tendent of 
schools to 
record result 
of votes cast. 


Organizations 
of high school 
boards in 
cities, etc. 


J94 CALIFORNIA ELECTION LAWS. 

therein under a name to be specified in the petition, they shall 
present the same to the superintendent of schools of the county, 
or in case of a joint school district to the superintendent of 
schools of the county in which the greater number of heads of 
families of such district reside. The superintendent to whom 
such petition is presented may require an affidavit from one 
or more of the petitioners as to the correctness of the facts 
as given in the petition. Within twenty days after receiving 
said petition the superintendent of schools shall verify the 
signatures to such petition, and if he finds them sufficient 
shall call an election in such incorporated city or town, in¬ 
cluding any territory annexed thereto under the provisions 0*1 
section fifteen hundred seventy-six or in such school district, 
for the determination of the question, and shall appoint three 
qualified electors thereof to conduct said election. Said election 
shall be called by posting notices thereof in three public places 
in said incorporated city or town, or school district, at least 
two weeks before the election, and by publishing such notice 
at least once a week for two successive weeks in a newspaper 
of general circulation published therein at least as often as 
once a week, if there be such a newspaper, the first publication 
to be not less than two weeks before the election. Said election 
shall be conducted in the manner prescribed for conducting 
elections of school trustees. The ballots used at such election 
shall contain the words “High School District—Yes'’ and 
“High School District—No,” and electors voting at such elec¬ 
tion shall make a cross with pencil, ink, or rubber stamp, after 
the answer they desire to give. It shall be the duty of said elec¬ 
tion officers to canvass the vote of such election as soon as the 
polls are closed, and to report the result of said election to the 
superintendent of schools within five days subsequent to the 
holding thereof. Within ten days after receiving the returns 
of said election the superintendent of schools shall record the 
result thereof in a book kept by him for that purpose, and if 
the majority of the votes cast at the election are in favor of 
the high school district, he shall also make and file with the 
County Clerk of every county in which any part of such pro¬ 
posed high school district lies, a certificate showing the number 
of votes cast at such election for and against the high school 
district, and declaring the result thereof. Such County Clerk 
shall record said certificate in full in a book to be kept by him 
for that purpose and designated the record of high school dis¬ 
tricts. If it shall appear from such certificate that a majority 
of the votes cast at such election were cast in favor of the 
formation of such district, such high school district shall be 
deemed to be formed from the time of the filing thereof. 

Sec. 1726. In every high school district formed and existing 
in an incorporated city or town, or in a single school district, 
the Board of Education or Board of School Trustees of such in¬ 
corporated city or town or school district shall constitute the 


HIGH SCHOOL DISTRICTS. 


195 


High School Board, and shall have the management and,control 
of the high school in said district. Upon the formation of any 
such high school district it shall be the duty of the superin¬ 
tendent of schools having jurisdiction over the same to call a 
meeting of the Board of Education or Board of School Trustees 
of said incorporated city or town, or school district, within fii- 
teen days after receiving the returns of the election held 
therein, by giving at least ten days’ notice by registered mail, 
to every member of said Board of Education or Board of 
School Trustees. The Board of Education or Board of School 
Trustees shall, at said meeting, formally organize as the High 
School Board by electing a president from their own number 
and a clerk, and may transact other business relating to the 
affairs of the high school district. 

Sec. 1727. Formation of union high school districts. When¬ 
ever a majority of the heads of families or a majority of the 
electors residing in each of two or more contiguous school dis¬ 
tricts in the same county, having an average daily attendance in 
the aggregate in the elementary schools of one hundred pupils 
or more shall unite in a petition to the superintendent of schools 
of such county, for the formation of a union high school district 
under a name to be specified in the petition, he shall, within 
twenty days after receiving said petition verify the signatures 
thereto, and if he finds them sufficient, call an election for the 
determination of the question, and shall appoint three qualified 
electors in each of the districts petitioning, to conduct the elec¬ 
tion therein. Said election shall be held separately and simul¬ 
taneously at a public schoolhouse in each of the districts peti¬ 
tioning, and shall be called by posting notices thereof in three 
public places in each district, one of which places shall be a 
public schoolhouse thereof, at least two weeks before the elec¬ 
tion, and by publishing such notice at least once a week for two 
successive weeks in a newspaper of general circulation published 
at least as often as once a week in said proposed union high 
school district, if there be such a newspaper, the first publica¬ 
tion to be not less than two weeks before the election. Said 
election shall be conducted by the officers appointed for that 
purpose, in the manner provided by law for conducting elections 
of school trustees. The ballots used at such election in each 
district shall contain the words “Union High School District— 
Yes” and “Union High School District—No,” and electors vot¬ 
ing at such election shall make a cross with pencil, ink or rubber 
stamp, after the answer they desire to give. It . shall be the 
duty of the said election officers in each district to canvass the 
vote at said election as soon as the polls are closed, and report 
the result to the superintendent of schools within five days sub¬ 
sequent to the holding of said election. Within ten days after 
receiving the returns of said election, the superintendent of 
schools shall combine the votes “for” and “against” the forma¬ 
tion of the union high school district and declare such result 


Superin¬ 
tendent of 
schools to 
call an 
election. 


Ballot, what 
to contain. 


196 


Certificate to 
be filed with 
county clerk. 


Duty of 
county clerk. 


CALIFORNIA ELECTION LAWS. 

and record the result, with the details of the vote in each dis¬ 
trict, in a book kept by him for that purpose. If a majority of 
the votes cast at the election are in favor of the formation of the 
union high school district, he shall also file with the county 
clerk of the county a certificate showing the total number of 
votes cast in each district in favor of the union high school dis¬ 
trict, the total number of votes in each district against the 
union high school district, the aggregate result of said election 
and the boundaries of said proposed district. If it shall appear 
from such certificate that a majority of the votes cast at such 
election were cast in favor of the formation of such district, 
such union school district shall be deemed to be formed from 
the time of the filing thereof, and the county clerk shall record 
said certificate in full in his record of high school districts. 
(Amendment approved April 14, 1911; Stats. 1911, p. 919.) - 

Sec. 1728. Formation of joint union high school districts. 
Whenever a majority of the heads of families or a majority 
of the electors residing in two or more contiguous school 
districts, having in the aggregate one hundred or more pupils 
in average daily attendance as shown by the last reports of 
the teachers in said school districts, shall present a petition 
to the superintendent of schools of the county in which the 
greater number of families of said proposed joint union high 
school district reside, or if two or more counties are tied in 
that respect, to the superintendent of schools of one of said 
counties to be determined by lot by all the superintendents 
of schools interested. Thereupon the same proceedings shall 
be had on such petition as are directed in section seventeen 
hundred twenty-seven, except that the county superintendent of 
schools shall file his certificate of the result of the election with 
the County Clerk of each county in which any part of the 
joint union high school district is situated. If it appears from 
such certificate that a majority of the votes cast at such 
election were cast in favor of the formation of such district, 
such joint high school district shall be deemed to be formed 
from the time of the filing thereof. The County Clerk shall re¬ 
cord the certificate in full in his record of high school districts. 

Sec. 1729. Union of high school districts, consolidation of. 
Two or more .contiguous high school districts in the same or in 
adjoining counties may be united to form a single union or 
joint union high school district by proceeding taken as herein¬ 
after provided. Whenever a petition signed by two thirds of 
the high school board of each of two or more contiguous high 
school districts, asking that said high school districts be united 
to form a single union or joint union high school district under 
a name to be stated in the petition, and stating the location of 
the high school agreed upon by said high school boards, shall 
be presented to the superintendent of schools who would 
have jurisdiction of an original petition for the formation of 
a high school district out of the territory comprised in the high 


HIGH SCHOOL DISTRICTS. 


197 


school district so petitioning, said superintendent of schools 
shall within twenty days, call an election for the determination 
of the question. Such election shall be held separately in each 
of the school districts composing said high school districts so 
petitioning, and shall be called and held as provided in section 
seventeen hundred twenty-seven, except that the ballots shall 
state the location of the high school as described in the petition 
to the superintendent of schools and shall contain the words 
“For the union of high school districts—Yes” and “For the union 
of high school districts—No.” Said superintendent of schools 
shall canvass the returns and file his certificate of the result 
as directed by section seventeen hundred twenty-seven. If a 
majority of the votes cast at such election are in favor of the 
union of such high school districts, the high school districts so 
petitioning shall, from the time of filing such certificate, be 
united to form a single or joint union high school district 
under the name stated in the petition. Thereupon the high 
school board shall be elected and organized as provided in 
section seventeen hundred thirty and seventeen hundred thirty- 
one. If either of such high school districts so united has an 
outstanding bonded indebtedness, the new high school dis¬ 
trict shall be liable therefor; also a union high school district 
which lies contiguous to or adjoining a high school district of 
an incorporated city or town in any county, may be annexed to, 
consolidated and merged with said high school district of such 
incorporated city or town. Whenever the majority of the 
heads of families residing in any union high school district 
which lies contiguous to or adjoining a high school district 
in any incorporated city or town in the same county, shall 
present to the superintendent of schools of said county a 
petition asking for the annexation, consolidation and merger 
of such union high school district with such high school dis¬ 
trict of such incorporated city or town, and which petition is 
accompanied by an agreement signed by a majority of the 
members of the Board of Education or Board of School Trus¬ 
tees of such incorporated city or town and consenting and 
agreeing to such annexation, consolidation and merger, and 
setting forth the terms and conditions upon which such an¬ 
nexation, consolidation and merger shall be made, such super¬ 
intendent of schools shall, after verifying the signatures 
thereon and finding them sufficient, transmit such petition and 
agreement to the Board of Supervisors of said county with his 
recommendation thereon. Such board thereupon, in their dis¬ 
cretion, may make an order annexing, consolidating and merg¬ 
ing, for high school purposes, such union high school district 
with such high school district of such incorporated city 
and town, and such merged, consolidated and combined 
district shall take the name and thereafter be known 
by and under the same name as the high school dis¬ 
trict of such incorporated city or town; provided, that 


Election to 
be separate 
in each of 
the school 
districts. 


Ballot, de¬ 
scription of. 


Returns, how 
canvassed. 


Bonded in¬ 
debtedness. 


Annexation. 


Union of 
high school 
district with 
high school 
district 
of a city. 


198 


CALIFORNIA ELECTION LAWS. 


Consolida¬ 
tion, when 
made. 


When part 
of city for 
high school 
purposes. 


Control of 
merged high 
school dis¬ 
trict. 


Election, 
term of 
office. 


all bonded indebtedness of either of said districts and all 
interest thereon shall be paid by the district which incurred 
the same as though such consolidation and merger had not 
occurred: then the consolidation and merger of such union high 
school district with said high school district of such incorporated 
city or town upon the terms stated in such petition and agree¬ 
ment shall be complete and valid by virtue of the order of 
said Board of Supervisors duly entered in its minutes. Such 
annexation, consolidation and merger may be made at any 
time irrespective of the provisions of Section 1577 of the 
Political Code of this State. After any such union high school 
district has been so annexed to, consolidated and merged 
with any such high school district of any incorporated city or 
town, such territory of said union high school district so 
merged and consolidated shall be deemed to be a part of said 
city or incorporated town for high school purposes and for all 
matters connected with the high school department thereof, 
and for the purpose of assessing, levying and collecting prop¬ 
erty taxes for the high school funds of such city or incorpo¬ 
rated town and for the purposes specified in Sections 1880 
and 1888, inclusive, of the Political Code. Whenever a union 
high school district shall be annexed to, consolidated and 
merged with a high school district of an incorporated city or 
town as herein above provided, the governing power and 
control of such union high school district shall thereafter be 
merged and vested in the Board of Education or Board of 
School Trustees of such incorporated city or town, and all 
funds belonging to said union high school district shall be 
transferred by requisition of the school superintendent of the 
said county, upon the County Auditor to the credit of the 
proper funds of such incorporated city or town with which 
said union school district has been merged, consolidated and 
annexed, and thereafter said high school district of said in¬ 
corporated city or town shall have the benefit of and shall be 
entitled to enforce and collect in its own name all obligations 
and contracts then existing in favor of such union high school 
district and shall also assume and be responsible for the pay¬ 
ment or performance of all debts, obligations and contracts 
outstanding or existing against said union high school district, 
excepting only the bonded indebtedness then outstanding against 
said union high school district and shall thereafter govern 
and control all the property of said union high school district. 


Sec. 1730. Organization of High School Boards in Union 
and Joint Union High School Districts. In every union or 
joint union high school district, the High School Board shall 
be elected from the high school districts at large for the term 
of three years, except as hereinafter provided. When any 
union or joint union high school district is formed, the super¬ 
intendent of schools who has jurisdiction over the same shall, 
within fifteen days thereafter, call an election in said union 
or joint union high school district for the purpose of electing 


HIGH SCHOOL DISTRICTS. 


199 


a High School Board. Such election shall be held at a school- 
house of each school district in the high school district, and 
such superintendent of schools shall appoint the same number 
of officers of election for each school district, and give the 
same notice of election as are required for the election of school 
trustees, and the election shall be held in the same manner 
as are elections of school trustees, except that the returns shall 
be at once sent to such superintendent of schools, and he shall 
canvass the same and issue certificates of election to the per¬ 
sons elected. The members of the High School Board so 
elected shall hold office until the first day of July next suc¬ 
ceeding the first regular election of members of the High 
School Board held, as hereinafter provided, after the formation 
of the high school district, and until their successors are 
elected or appointed and qualified. Within twenty days after 
said election the superintendent of schools shall call a meeting 
of the High School Board by giving at least ten days notice 
by registered mail to each member thereof, for the purpose 
of organizing the High School Board. At such meeting the 
High School Board shall organize by electing a president from 
their own number and a clerk, and may transact 1 any other 
business relating to the affairs of the school district. 

(Approved June 13, 1913; in effect August 10, 1913.) 

Sec. 1731. Annual election of High School Trustees. The 
regular annual election of members of the High School Board 
shall be held at same time as the regular annual election of 
school trustees. Said election shall be called by the High School 
Board, who shall for that purpose designate a polling place in 
each of the school districts composing the high school district, 
at one of the schoolhouses thereof, at which the electors of 
such school districts shall vote. The High School Board shall 
give the same notice of said election and appoint the same 
number of election officers in each school district as are re¬ 
quired for the election of school trustees, and said election 
shall be held in the same manner as are elections of school 
trustees, except that the returns thereof shall be at once sent 
to the High School Board, who shall meet at the high school 
on the seventh day thereafter at one o’clock p. m., and canvass 
said returns and issue certificates of election to the persons 
elected and file duplicates thereof with the superintendent of 
schools having jurisdiction over such high school district. The 
High School Board elected at the first regular election fol¬ 
lowing the formation of any union or joint union high school 
district shall at their first meeting so classify themselves by 
lot that one of their number shall hold office for one year, 
two of their number shall hold office for two years, and two 
of their number shall hold office for three years from the 
first day of May next preceding. Thereafter as each member’s 
term expires his successor shall be elected in like manner for 
the term of three years and until his successor shall be elected 


Superin¬ 
tendent of 
schools to call 
a meeting of 
board within 
twenty days 
thereafter. 


Canvass of 
returns. 


Classifi¬ 
cation of 
members. 


200 


CALIFORNIA ELECTION LAWS. 


Vacancies. 


Term of 
office, when 
expired. 


Number of 
districts 
increased, 
election for. 


Number of 
districts 
decreased, 
election for. 


Added 

territory. 


or appointed and qualified. Vacancies on the board shall be 
filled by appointment by the superintendent of schools having 
jurisdiction over the high school district, the appointee to 
hold office until the first day of May next succeeding the 
appointment, and a person to fill any un expired term shall be 
elected at the next regular election after the vacancy occurs. 

In each union or joint union high school district formed 
before this section takes effect the members of the High 
School Board in office at the time this section takes, effect 
or persons appointed as their successors, in case of vacancies, 
shall hold office until the first day of July, 1910, at which time 
their terms of office shall expire. At the time hereinbefore 
provided for the holding of the regular election of members 
of the High School Board in the year 1910 a new board, con¬ 
sisting of five members shall be elected at large in each such 
union or joint union high school district, who shall take office 
on the first day of July, 1910; said High School Board shall 
at their first meeting classify themselves by lot as hereinbefore 
provided for newly formed districts and thereafter their suc¬ 
cessors shall be elected as hereinbefore provided. 

Sec. 1732. Reorganization of High School Board on change 
in number of districts. Whenever a new school district be¬ 
comes a part of any union or joint union high school district, 
such newly added school district shall be entitled to participate 
in all elections of members of the High School Board there¬ 
after held. 

Whenever the number of school districts in a high school 
district is increased from one to two or more, the superintend¬ 
ent of schools having jurisdiction of such high school district 
shall within fifteen days thereafter, call an election as pro¬ 
vided in section seventeen hundred thirty, and thereafter the 
High School Board shall be elected and organized as pro¬ 
vided, ,,in sections seventeen hundred thirty and seventeen 
hrpiclred thirty-one. 

Whenever the number of school districts in a high school 
district is decreased from two or more to one, the superin¬ 
tendent of schools having jurisdiction over said high school 
district shall within fifteen days call a meeting of the school 
trustees of the remaining district, as provided in section 
seventeen hundred twenty-six. at which the High School 
Board shall organize as provided in said section, and there¬ 
upon the terms of office of the members of the High School 
Board in office when the decrease was made shall cease. 

Sec. 1733. Change in boundary of school districts. A school 
district cannot lie partly within a high school district and 
partly without, and in all cases where the boundaries of a 
school district comprised within any high school district shall 
for anv cause be changed to include territory not previously 
in such school district, the territory added to such school 
district shall become and constitute a part of the high school 




201 


HIGH SCHOOL 


DISTRICTS. 


district; and in all cases where the boundaries of a school 
district comprised within any high school district shall be 
changed so as to exclude territory therefrom such excluded 
territory shall, except as hereinafter provided, be excluded 
from the high school district. Where a new school district is 
formed from territory situated wholly within one high school 
district, such new school district shall continue to be a part of 
the high school district; and where a new school district is 
formed from territory situated in two or more high school dis¬ 
tricts or situated partly in a high school district and partly 
in no high school district, the electors of such new school dis¬ 
trict shall decide by a majority vote to which high school 
district the new school district shall belong or whether such 
new school district shall be a part of such high school district, 
election being held within thirty days after the formation of 
the school district, and called by the superintendent of schools 
of the county in which such school district is situated, in the 
manner provided in section seventeen hundred twenty-seven. 
The result of such election shall be certified by the superin¬ 
tendent of schools to the County Clerk of the county in which 
such school district is situated, and to the clerk of every other 
county in which any part of the high school district selected by 
the electors is situated, and entered in such clerk’s record of 
high school districts. 

Sec. 1734. Admission of School District to High School 
District. Whenever a majority of the heads of families or a 
majority of the electors residing in any school district 
contiguous to a high school district, in the same or in ad¬ 
joining counties, as shown by the affidavit of one or more of 
the petitioners, shall present to the superintendent of schools 
who has jurisdiction over said high school district, a petition 
for the annexation of such school district to such high school 
district, accompanied by an agreement signed by a majority 
of the members of the High School Board of the high school 
district to which annexation is desired, and by a majority of 
the trustees of such school district, consenting to such annex¬ 
ation and setting forth the terms thereof, such superintendent 
of schools shall, after verifying the signatures thereon and 
finding them sufficient, transmit such petition and agreement to 
the Board of Supervisors of his county with his recommen¬ 
dations thereon. Such board may thereupon, in their dis¬ 
cretion, make an order annexing such school district to such 
high school district upon the terms agreed on. Whenever it 
appears that the terms agreed upon by the trustees of the 
district seeking to be annexed and the High School Board in¬ 
clude the assumption by the district to be annexed of its 
pro rata portion of any bonded indebtedness existing against 
the high school district, the Board of Supervisors shall call 
an election in the district so proposing to assume such in¬ 
debtedness for the purpose of determining whether such in- 


Formation of 
new district. 


202 


CALIFORNIA ELECTION LAWS. 


Election for 
determining 
assumption 
of indebt¬ 
edness. 


Exclusion of 
school district 
from high 
sehool 
district. 


County clerk 
to record. 


clebtedness shall be authorized and assumed. Such election 
shall be held as provided in section seventeen hundred forty- 
five, except that the returns shall be made to the Board of 
Supervisors. If it shall appear from the returns of such 
election that two-thirds of the votes cast at such election were 
cast in favor of the assumption by the district seeking to be 
annexed of its pro rata portion of such bonds, then and not 
until then shall such district be annexed to such high school 
district. If such bonded indebtedness is assumed by the an¬ 
nexed district then all levies of taxes made for the payment 
of the same and interest thereon, shall be upon the property 
of such annexed district at the same rate as levied upon the 
property of the original high school district. Whenever a 
majority of the heads of families or a majority of the electors 
residing in any union or joint union high school district, and 
two-thirds of the heads of families or of the electors residing 
in any school district which is a part thereof, as shown by the 
affidavit of one or more of the petitioners, shall present to 
the superintendent of schools who has jurisdiction over said 
high school district petitions asking for the exclusion of such 
school district from such high school district, accompanied by 
an agreement signed by a majority of the High School Board 
of such high school district and a majority of the trustees 
of such school district, consenting to such exclusion and setting 
forth the terms thereof, such superintendent of schools shall, 
after verifying the signatures thereto and finding them suf¬ 
ficient, transmit such petitions and agreement to the Board of 
Supervisors of his county, with his recommendations thereon. 
Such board may thereupon, in their discretion, make an order 
excluding such school district from the high school district 
upon the terms agreed on; provided, however, that no school 
district shall be excluded from a high school district having an 
outstanding bonded indebtedness, where such exclusion would 
so reduce the amount of taxable property in such high school 
district that said outstanding bonded indebtedness would ex¬ 
ceed five per cent of the taxable property of such high school 
district after the exclusion, as shown by the last equalized 
assessment of the county or counties in which such high 
school district is located. The order of the Board of Supervisors 
annexing a school district to, or excluding it from, a high school 
district shall be entered by their clerk in his record of high 
school districts and he shall also send a copy thereof to the 
County Clerk of each county in which any part of such high 
school district is situated, who shall enter it in his record of 
high school districts. 


Sec. 1736. Disincorporation of High School Districts. Any 

high school district may, after the expiration of three years 
from its formation, or after it has been acting as such for 
three years, disincorporate and be dissolved in the following 
manner: A petition signed by two-thirds of the heads of 


HIGH SCHOOL DISTRICTS. 


203 


families or two-thirds of the electors of each school district 
composing such high school district as shown by affidavit of 
one or more of the petitioners shall be presented to the super¬ 
intendent of schools having jurisdiction over such high school 
district, which petition shall set forth briefly the reasons for dis- 
incorporation, and shall pray that the question may be sub¬ 
mitted to the voters in said district. Upon receiving such 
petition the said superintendent of schools shall verify the 
signatures to said petition and shall, if he finds them sufficient, 
call an election in each school district of such high school dis¬ 
trict, and shall submit to the voters therein the question of dis- 
incorporation of such high school district. At the time of 
calling such election, which must be held in all the school dis¬ 
tricts of the high school district upon the same day, the super¬ 
intendent of schools must appoint three electors in each school 
district contained within such high school district to conduct 
the election. Notice of election shall be given by posting and 
publication as provided by section seventeen hundred twenty- 
seven in case of an election for the formation of a union high 
school district. Said election shall be conducted in the manner 
provided by law for conducting elections of school trustees. 
The ballots shall have printed on them the words “Disincorpo- 
ration—Yes” and “Disincorporation-^No,” and electors voting 
at such election shall make a cross with pencil, ink, or rubber 
stamp, opposite the answer they desire to give. The election 
officers shall report the result of such election within five days 
thereafter to such superintendent of schools. If a majority of 
all the votes cast at such election are opposed to disincorpo¬ 
rate no further petition shall be entertained or election 
ordered for a similar purpose within three years next following 
such election. If two-thirds of all votes cast at such election 
are in favor of disincorporation the superintendent of schools 
shall, at the end of the existing school year, suspend said high 
school district, and report the result of the election and the 
fact of such suspension to the Board of Supervisors of his 
county. Upon receiving such report, said board shall, at the 
first meeting thereafter, make an order declaring said high 
school district duly disincorporated and dissolved, to take 
effect at the end of the existing school year. When a high 
school district has disincorporated under the provisions of 
this section, the property thereof shall be sold by said Board 
of Supervisors and the proceeds of such sales, together with 
any moneys in the treasury to the credit of such disincorpo¬ 
rated high school district, shall be disposed of as provided in 
section seventeen hundred thirty-five. If a high school district 
so disincorporated has an outstanding bonded indebtedness, 
taxes shall be levied and collected on all property in the terri¬ 
tory constituting such high school district at the time of its dis¬ 
incorporation, for the purpose of paying principal and interest 
of such bonds, in the same manner, and at the same time as 
if said district had not been disincorporated. 


Election for 


Notice of 
election. 


Ballot, 
form of. 


Report of 
election, 
time of. 


Duty of 
board. 


Property. 


204 


CALIFORNIA ELECTION LAWS. 


Petition for 
county high 
school 
district. 


Election. 


Ballot, 
form of. 


Board of 
supervisors to 
declare estab¬ 
lishment of 
district. 


Superin¬ 
tendent of 
schools to 
call an 
election. 


Sec. 1738. The Establishment of County High Schools. 

Whenever a petition, signed by fifty or more qualified electors 
and taxpayers of any county, is. presented to the Board of 
Supervisors thereof, asking for the establishment of a county 
high school district in such county, the Board of Supervisors 
must submit the question of establishing a county high school 
district in said county to the qualified electors thereof, at the 
next general election held therein, or at a special election to be 
called by the board for that purpose. If a special election is 
called, notice thereof must be given by publication in some 
newspaper of general circulation published in the county, for 
at least two weeks before the election, or if there is no such 
newspaper, by posting the same conspicuously in five public 
places in the county, for at least two weeks before the election. 
The ballots used at such election shall contain the words “County 
high school district—Yes,” and “County high school district—- 
No,” and voters shall express their choice by marking a cross 
with pencil, ink or rubber stamp after the answer they desire to 
give. Said special election shall be conducted in the manner 
prescribed by this code for conducting special elections. The 
electors of any high school district existing in such county at 
the time of the submission of said proposition, shall be ex¬ 
cluded from voting upon said proposition, unless, in addition 
to the petition above mentioned, there was also presented to 
said Board of Supervisors the petition of two-thirds of the 
qualified electors residing in such high school district or in case 
of a union high school district, the petition of two-thirds of 
the qualified electors residing in each school district composing 
the union high school district; in which case the electors of the 
high school district or districts from which such petitions are 
presented, shall also be entitled to vote upon said proposition. 
If a majority of all votes cast upon the question of establishing 
a county high school district are in the affirmative, the Board 
of Supervisors shall make an order declaring the county high 
school district established and shall also declare the high 
school district or districts which participated in such election, 
upon the petitions hereinbefore required, to be lapsed, and the 
property of such lapsed high school district shall be held or 
sold by the Board of Supervisors for the benefit of the county 
high school district. The order of the board in regard to such 
lapsed districts shall be entered by the County Clerk in his 
record of high school districts. 

Sec. 1742. Location of High School. When the money for 
the purpose of a site for a high school in any newly formed 
high school district has been provided and is in the county 
treasury the superintendent of schools who has jurisdiction over 
said high school district shall at once call a meeting of the High 
School Board, in the same manner as he called first meeting of 
said board for organization, for the purpose of making a per¬ 
manent location of the high school. If at such meeting the mem¬ 
bers of the High School Board fail to agree unanimously upon 



HIGH SCHOOL DISTRICTS. 


205 


the location for the high school, they shall propose, in writing, to 
the superintendent of schools and shall transmit to his office 
within ten days the names of the locations which they favor. 
Within twenty days after receiving such proposals the super¬ 
intendent of schools shall call an election in the same manner 
as the election for the formation of the district, to determine 
the location of the high school. At such election only such 
sites as have been named by the members of the High School 
Board, and certified to the superintendent of schools shall be 
voted upon. Any form of ballot by which the voter signifies 
his choice of location shall be allowed. The result of said elec¬ 
tion shall be determined and certified to the superintendent of 
schools as provided in case of the election for the formation 
of the district. 

The location which receives the largest number of votes shall 
be chosen as the location of the high school. No change of 
location of any high school, when once established, shall be 
made except upon a petition to the superintendent of schools 
who has jurisdiction over the high school district, signed by 
two-thirds of the heads of families of the high school district, 
and then only upon the affirmative votes of two-thirds of the 
qualified electors of the high school district voting at an election 
called by the superintendent of schools, for that purpose. Such 
election shall be called and held, and the returns thereof made 
to the superintendent of schools, in the same manner as in 
case of the election for the formation of the district. 

(Approved June 13, 1913; in effect August 10, 1913). 

Sec. 1745. Election for Issuance of Bond for High School 
Districts. The High School Board of any high school district 
may, when in its judgment it is advisable, and must upon a 
petition of the majority of the heads of families residing in 
such high school district, call an election and submit to the 
electors of the high school district the question whether the 
bonds of such high school district shall be issued and sold for 
the purpose of raising money for purchasing high school lots, 
for building or purchasing one or more high school buildings 
or making alterations or additions to the high school building 
or buildings, for repairing, restoring or rebuilding any high 
school building damaged, injured or destroyed by fire or other 
public calamity, for insuring high school buildings, for supply¬ 
ing high school buildings with furniture or necessary apparatus, 
for improving the grounds, for liquidating any indebtedness 
already incurred for said purposes, or for refunding any out¬ 
standing valid indebtedness of such district, evidenced by bonds 
or warrants thereof. Any one or more or all of said purposes, 
except that of refunding any outstanding valid indebtedness of 
such district, evidenced by bonds or warrants thereof, may by 
order of said board, entered in its minutes, be united and voted 
upon as one single proposition. Such election must be called 
by posting notices, signed by a majority of the High School 


Form of 

ballot 

allowed. 


Location of 
high school. 


Superin¬ 
tendent of 
schools to call 
election. 


Election. 


206 


CALIFORNIA ELECTION LAWS. 


Notices, 
posting, pub¬ 
lications, 
contents. 


Sections of 
code under 
which elec¬ 
tions are 
conducted. 


Ballots, 
form of. 


Canvass of 
returns, 
time of. 


Limit on 
amount of 
bonds. 


Board, in at least three public places in the high school district, 
not less than twenty days before the election; and if there is a 
newspaper of general circulation published in any county in 
which any part of said district is situated, by publishing suph 
notice therein not less than once a week for three successive 
weeks. The first publication of Said notice shall be not less than 
twenty-one days before such election. Such notice must contain: 
The time and place, or places, of holding such election; the 
names of the inspectors and judges to conduct the same; the 
hours during the day in which the polls will be open; the 
purposes for which the bonds are to be issued; the 
amount of bonds and the denomination thereof, which shall 
not be more than one thousand dollars or less than one hun¬ 
dred dollars; the rate of interest, not exceeding six per cent 
per annum, payable annually or semi-annually; and the number 
of years, not exceeding forty, the whole or any part of said 
bonds are to run. Such election shall be conducted in con¬ 
formity with the provisions of sections one thousand five 
hundred and ninety-six, one thousand five hundred and ninety- 
seven, one thousand five hundred and ninety-eight, one thou¬ 
sand five hundred and ninety-nine, one thousand six hundred, 
and one thousand six hundred and one of this code, and the 
words to appear upon the ballots shall be “High School Dis¬ 
trict Bonds—Yes” and “High School District Bonds—No” or 
words of similar import. Electors voting at such elections 
shall mark a cross with pencil, ink or rubber stamp, after the 
answer they desire to give. On the seventh day after said 
election at one o’clock p. m., if the returns have all been made 
to the High School Board of such high school district, such 
High School Board must meet and canvass said returns. If 
all the returns have not then been received, the board must 
adjourn from day to day until said returns are all received, 
and must then proceed to canvass the same. The canvass may 
be continued from day to day until completed. 

(Approved June 13, 1913; in effect August 10, 1913.) 

Sec. 1746. Same, When Two Thirds Favor Bonds. If it ap¬ 
pears that two-thirds of the votes cast at said election were cast 
in favor of issuing such bonds, then such High School Board 
shall cause an entry of that fact to be made upon its minutes, 
and shall certify to the Board of Supervisors of the county 
whose superintendent of schools has jurisdiction of said high 
school district all of the proceedings had in the premises, and 
thereupon said Board of Supervisors shall be and it is hereby 
authorized and directed to issue the bonds of such high school 
district, in accordance with such proceedings, payable out of 
the building fund of such high school district, naming the 
same; provided, that the total amount of bonds so issued shall 
not exceed five per cent of the taxable property of the high 
school district as shown by the last equalized assessment of 
the county or counties in which such district is located. The 
Board of Supervisors, by an order entered upon its minutes, 


HIGH SCHOOL DISTRICTS. 


207 


shall prescribe the form of said bonds and of the interest 
coupons attached thereto, if any, and must fix the time when Form of 
the whole or any part of the principal of said bonds shall be 
payable, which shall not be more than forty years from the 
date thereof. If the notice calling the election shall have pro¬ 
vided that the bonds and the interest thereon shall be payable 
in gold coin of the United States, the bonds shall be made 
payable in such gold coin, as to principal and interest. If the 
notice calling the election shall have provided that the bonds 
and the interest thereon shall be payable in lawful money of 
the United States, the bonds shall be made payable in lawful 
money of the United States as to principal and interest. If 
the notice shall have made no such specific provisions, the 

Board of Supervisors shall have power in the order prescribing 

the form of the bonds either to make the bonds payable in 
gold coin of the United States as to principal and interest, 
or to make them payable in lawful money of the United States where 
as to principal and interest. Said Board of Supervisors payable ' 

may make the principal and interest of said bonds pay¬ 
able at the office of the treasurer of the county, or 
at such other place within the United States as the 

board may designate, or at such treasurer’s office or such other 
designated place, at the option of the bond holder; which place 
of payment shall be specified in the bonds; and this provision 
shall apply to all such bonds not yet issued when this section 
takes effect, regardless of the time when the election therefor 
was held. The expense of paying such principal and interest 
elsewhere than at the office of the treasurer shall be a charge 
against the high school district funds, to be paid out of the 
tax for the payment of the bonds. Such bonds must be sold Sale of 
at the times and in the amounts prescribed by the Board of bondsat P ar - 
Supervisors, but for not less than par, and the proceeds of 
the sale thereof must be deposited in the county treasury 
to the credit of the building fund of the said high school dis¬ 
trict, and be drawn out for the purposes aforesaid as other 
high school moneys are drawn out. Before selling said bonds, 
or any part thereof, the Board of Supervisors must advertise ^ f d J® 1 r e ti8ement 
for bids therefor for at least two weeks in some daily or sa e ' 
weekly newspaper of general circulation published in the 
county, or if there is no such newspaper published in the 
county, in the State. If satisfactory bids are received, the 
bonds offered for sale must be awarded to the highest bidder. 

If no bids are received, or the board determines that the bids 
received are not satisfactory as to price or responsibility of the 
bidders, the board may reject all bids received, if any, and 
either readvertise or sell said bonds at private sale. 

(Approved April 21, 1913; in effect August 10, 1913.) 


Sec. 1749. Election for Issuance of Bonds for County High 
Schools. In counties where a county high school district has 
been established under the provisions of this article, the Board 


208 


CALIFORNIA ELECTION LAWS. 


Bonds for 

school 

buildings. 


Election, 
how con¬ 
ducted. 


When pub¬ 
lished. 


of Trustees thereof may, when in their judgment it is advisable, 
and must, upon a petition of a majority of the qualified electors 
of said district, call an election and submit to the electors of 
said district the question whether the bonds of such district 
shall be issued and sold for the purpose of raising money for 
purchasing high school lots, for building or purchasing one or 
more high school buildings, or making alterations or additions 
to high school buildings, for repairing, restoring or rebuilding 
any high school building damaged, injured or destroyed by 
fire or other public calamity, for insuring high school buildings, 
for supplying high school buildings with furniture and necessary 
apparatus, for improving the grounds, or for any or all of said 
purposes. The conduct of said election and the issue, sale and 
payment of said bonds and the levy and collection of taxes 
for the payment of principal and interest thereon, shall be in 
the manner prescribed for the issuance of bonds of other high 
school districts. In case the qualified electors of any county 
deem it expedient to establish and maintain more than one 
county high school, then such additional school or schools may 
be established and maintained in the manner prescribed in this 
article for establishing and maintaining a county high school. 


ARTICLE XIX. 


DISTRICT SCHOOL TAX. 

Sec. 1830. Elections to Determine School District Tax. 

The Board of School Trustees of any district may, prior to 
the fifteenth day of August in any year, when in their judgment 
it is advisable, call an election, and submit to the electors of 
the district the question whether a tax shall be raised to furnish 
additional school facilities for the district, or to maintain any 
school in such district, or for building one or more school- 
houses, or for any two or all of these purposes; provided, that 
where a tax has been collected for the purpose of building a 
schoolhouse, and the erection of said schoolhouse shall not 
have been commenced within two years from the time said 
tax was collected, the custodian of said money shall return the 
same to the parties from whom said tax was collected. 

Legislation Sec. 1830. 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 43. 3. By Stats. 1881, p. 47. 4. By Stats. 1893. p. 263. 

Citations: Cal. 52-72, 621; 93-418; 97-436; 112-315; 124-697; 138-256. 

Act authorizing issuance of bonds for school purposes: See 
Gen. Laws, tit. “Schools.” 

Sec. 1831. Notice of Election. Such election must be called 
by posting notices in three of the most public places in the 
district, for twenty days; and, also, if there is a newspaper in 
the county, by advertisment therein once a week for three 
weeks. 

Legislation Sec. 1831. Enacted March 12, 1872. 

Citations: Cal. 52-72, 621; 93-418; 124-697. 






HIGH SCHOOL DISTRICTS. 


193 


taking of effect of this section, established and maintained a 
high school within such district, shall be deemed to be and 
constitute a city high school district. 

Sec. 1722. Petitions, how signed. Whenever by the pro¬ 
visions of this-article the signatures of heads of families or of 
electors are required to any petition, any person who at the 
time of signing such petition is the head of a family, shall be 
competent to sign a petition, or any elector shall be' competent 
to sign a petition. The superintendent of schools may require 
an affidavit from one or more of the petitioners as to the 
correctness of the facts given in the petition. 

Sec. 1723. Jurisdiction over high school districts. For the 

purposes of this article and of article 15 of this chapter 
every county superintendent of schools shall have jurisdiction 
over all high school districts which are wholly situated in his 
county; and in case of a high school district situated in more 
than one county, the superintendent of schools of the county 
in which the high school is located, if such district is existing 
at the time this section takes effect, or the county superin¬ 
tendent of schools in whose office the original petition for the 
formation of such district is filed, if such district shall be here¬ 
after formed or organized, shall have jurisdiction over such 
high school district. 

Sec. 1724. Validation of high school districts. All proceed¬ 
ings for the formation and organization of high school dis¬ 
tricts and the establishment of county, city, city and county, 
union, joint union and district high schools, had prior to the 
taking effect of this section, are hereby validated and declared 
legal, and said high school districts and high schools, and any 
other high school districts which have been acting as such for 
more than one year previous to the taking effect of this section, 
are hereby declared to be legally formed, organized and estab¬ 
lished ; and in all cases where high school districts shall here¬ 
after be formed, organized and established, the certificate oi 
the county superintendent mentioned in sections seventeen hun¬ 
dred twenty-five, seventeen hundred twenty-seven, seventeen 
hundred twenty-eight and seventeen hundred twenty-nine, when 
filed with the County Clerk, when the result of the election as 
therein declared is in favor of the formation of a high school 
district, shall after the expiration of one year from the date 
of such filing be conclusive evidence that such high school dis¬ 
trict has been legally formed. 

Sec. 1725. Formation of high school districts in cities, etc. 

Whenever a majority of the heads of families or a majority of 
the electors residing in an incorporated city, or town or a 
school district in which the average daily attendance in the 
elementary schools of the district shall be one hundred or more 
as shown by the last reports of the teachers in said district, shall 
unite in a petition for the formation of a high school district 


Qualifications 
of heads of 
families. 


Duty of 
Superin¬ 
tendent 
of schools. 


194 


CALIFORNIA ELECTION LAWS. 


Petition. 


Election. 


Ballot, 
form of. 


Superin¬ 
tendent of 
schools to 
record result 
of votes cast. 


Organizations 
of high school 
boards in 
cities, etc. 


therein under a name to be specified in the petition, they shall 
present the same to the superintendent of schools of the county, 
or in case of a joint school district to the superintendent of 
schools of the county in which the greater number of heads of 
families of such district reside. The superintendent to whom 
such petition is presented may require an affidavit from one 
or more of the petitioners as to the correctness of the facts 
as given in the petition. Within twenty days after receiving 
said petition the superintendent of schools shall verify the 
signatures to such petition, and if he finds them sufficient 
shall call an election in such incorporated city or town, in¬ 
cluding any territory annexed thereto under the provisions ot 
section fifteen hundred seventy-six or in such school district, 
for the determination of the question, and shall appoint three 
qualified electors thereof to conduct said election. Said election 
shall be called by posting notices thereof in three public places 
in said incorporated city or town, or school district, at least 
two weeks before the election, and by publishing such notice 
at least once a week for two successive weeks in a newspaper 
of general circulation published therein at least as often as 
once a week, if there be such a newspaper, the first publication 
to be not less than two weeks before the election. Said election 
shall be conducted in the manner prescribed for conducting 
elections of school trustees. The ballots used at such election 
shall contain the words “High School District—Yes” and 
“High School District—No,” and electors voting at such elec¬ 
tion shall make a cross with pencil, ink, or rubber stamp, after 
the answer they desire to give. It shall be the duty of said elec¬ 
tion officers to canvass the vote of such election as soon as the 
polls are closed, and to report the result of said election to the 
superintendent of schools within five days subsequent to the 
holding thereof. Within ten days after receiving the returns 
of said election the superintendent of schools shall record the 
result thereof in a book kept by him for that purpose, and if 
the majority of the votes cast at the election are in favor of 
the high school district, he shall also make and file with the 
County Clerk of every county in which any part of such pro¬ 
posed high school district lies, a certificate showing the number 
of votes cast at such election for and against the high school 
district, and declaring the result thereof. Such County Clerk 
shall record said certificate in full in a book to be kept by him 
for that purpose and designated the record of high school dis¬ 
tricts. If it shall appear from such certificate that a majority 
of the votes cast at such election were cast in favor of the 
formation of such district, such high school district shall be 
deemed to be formed from the time of the filing thereof. 

Sec. 1726. In every high school district formed and existing 
in an incorporated city or town, or in a single school district, 
the Board of Education or Board of School Trustees of such in¬ 
corporated city or town or school district shall constitute the 


HIGH SCHOOL DISTRICTS. 


195 


High School Board, and shall have the management and control 
of the high school in said district. Upon the formation of any 
such high school district it shall be the duty of the superin¬ 
tendent of schools having jurisdiction over the same to call a 
meeting of the Board of Education or Board of School Trustees 
of said incorporated city or town, or school district, within fh- 
teen days after receiving the returns of the election held 
therein, by giving at least ten days’ notice by registered mail, 
to every member of said Board of Education or Board of 
School Trustees. The Board of Education or Board of School 
Trustees shall, at said meeting, formally organize as the High 
School Board by electing a president from their own number 
and a clerk, and may transact other business relating to the 
affairs of the high school district. 

Sec. 1727. Formation of union high school districts. When¬ 
ever a majority of the heads of families or a majority of the 
electors residing in each of two or more contiguous school dis¬ 
tricts in the same county, having an average daily attendance in 
the aggregate in the elementary schools of one hundred pupils 
or more shall unite in a petition to the superintendent of schools 
of such county, for the formation of a union high school district 
under a name to be specified in the petition, he shall, within 
twenty days after receiving said petition verify the signatures 
thereto, and if he finds them sufficient, call an election for the 
determination of the question, and shall appoint three qualified 
electors in each of the districts petitioning, to conduct the elec¬ 
tion therein. Said election shall be held separately and simul¬ 
taneously at a public schoolhouse in each of the districts peti¬ 
tioning, and shall be called by posting notices thereof in three 
public places in each district, one of which places shall be a 
public schoolhouse thereof, at least two weeks before the elec¬ 
tion, and by publishing such notice at least once a week for two 
successive weeks in a newspaper of general circulation published 
at least as often as once a week in said proposed union high 
school district, if there be such a newspaper, the first publica¬ 
tion to be not less than two weeks before the election. Said 
election shall be conducted by the officers appointed for that 
purpose, in the manner provided by law for conducting elections 
of school trustees. The ballots used at such election in each 
district shall contain the words “Union High School District— 
Yes” and “Union High School District—No,” and electors vot¬ 
ing at such election shall make a cross with pencil, ink or rubber 
stamp, after the answer they desire to give. It shall be the 
duty of the said election officers in each district to canvass the 
vote at said election as soon as the polls are closed, and report 
the result to the superintendent of schools within five days sub¬ 
sequent to the holding of said election. Within ten days after 
receiving the returns of said election, the superintendent of 
schools shall combine the votes “for” and “against” the forma¬ 
tion of the union high school district and declare such result 


Superin¬ 
tendent of 
schools to 
call an 
election. 


Ballot, what 
to contain. 


196 


CALIFORNIA ELECTION LAWS. 


Certificate to 
be filed with 
county clerk. 


Duty of 
county clerk. 


and record the result, with the details of the vote in each dis¬ 
trict, in a book kept by him for that purpose. If a majority of 
the votes cast at the election are in favor of the formation of the 
union high school district, he shall also file with the county 
clerk of the county a certificate showing the total number of 
votes cast in each district in favor of the union high school dis¬ 
trict, the total number of votes in each district against the 
union high school district, the aggregate result of said election 
and the boundaries of said proposed district. If it shall appear 
from such certificate that a majority of the votes cast at such 
election were cast in favor of the formation of such district, 
such union school district shall be deemed to be formed from 
the time of the filing thereof, and the county clerk shall record 
said certificate in full in his record of high school districts. 
(Amendment approved April 14, 1911; Stats. 1911, p. 919.) 

Sec. 1728. Formation of joint union high school districts. 
Whenever a majority of the heads of families or a majority 
of the electors residing in two or more contiguous school 
districts, having in the aggregate one hundred or more pupils 
in average daily attendance as. shown by the last reports of 
the teachers in said school districts, shall present a petition 
to the superintendent of schools of the county in which the 
greater number of families of said proposed joint union high 
school district reside, or if two or more counties are tied in 
that respect, to the superintendent of schools of one of said 
counties to be determined by lot by all the superintendents 
of schools interested. Thereupon the same proceedings shall 
be had on such petition as are directed in section seventeen 
hundred twenty-seven, except that the county superintendent of 
schools shall file his certificate of the result of the election with 
the County Clerk of each county in which any part of the 
joint union high school district is situated. If it appears from 
such certificate that a majority of the votes cast at such 
election were cast in favor of the formation of such district, 
such joint high school district shall be deemed to be formed 
from the time of the filing thereof. The County Clerk shall re¬ 
cord the certificate in full in his record of high school districts. 

Sec. 1729. Union of high school districts, consolidation of. 
Two or more contiguous high school districts in the same or in 
adjoining counties may be united to form a single union or 
joint union high school district by proceeding taken as herein¬ 
after provided. Whenever a petition signed by two thirds of 
the high school board of each of two or more contiguous high 
school districts, asking that said high school districts be united 
to form a single union or joint union high school district under 
a name to be stated in the petition, and stating the location of i 
the high school agreed upon by said high school boards, shall 
be presented to the superintendent of schools who would 
have jurisdiction of an original petition for the formation of 
a high school district out of the territory comprised in the high 



HIGH SCHOOL DISTRICTS. 


197 


school district so petitioning, said superintendent of schools 
shall within twenty days, call an election for the determination 
of the question. Such election shall be held separately in each 
of the school districts composing said high school districts so 
petitioning, and shall be called and held as provided in section 
seventeen hundred twenty-seven, except that the ballots shall 
state the location of the high school as described in the petition 
to the superintendent of schools and shall contain the words 
“For the union of high school districts—Yes” and “For the union 
of high school districts—No.” Said superintendent of schools 
shall canvass the returns and file his certificate of the result 
as directed by section seventeen hundred twenty-seven. If a 
majority of the votes cast at such election are in favor of the 
union of such high school districts, the high school districts so 
petitioning shall, from the time of filing such certificate, be 
united to form a single or joint union high school district 
under the name stated in the petition. Thereupon the high 
school board shall be elected and organized as provided in 
section seventeen hundred thirty and seventeen hundred thirty- 
one. If either of such high school districts so united has an 
outstanding bonded indebtedness, the new high school dis¬ 
trict shall be liable therefor; also a union high school district 
which lies contiguous to or adjoining a high school district of 
an incorporated city or town in any county, may be annexed to, 
consolidated and merged with said high school district of such 
incorporated city or town. Whenever the majority of the 
heads of families residing in any union high school district 
which lies contiguous to or adjoining a high school district 
in any incorporated city or town in the same county, shall 
present to the superintendent of schools of said county a 
petition asking for the annexation, consolidation and merger 
of such union high school district with such high school dis¬ 
trict of such incorporated city or town, and which petition is 
accompanied by an agreement signed by a majority of the 
members of the Board of Education or Board of School Trus¬ 
tees of such incorporated city or town and consenting and 
agreeing to such annexation, consolidation and merger, and 
setting forth the terms and conditions upon which such an¬ 
nexation, consolidation and merger shall be made, such super¬ 
intendent of schools shall, after verifying the signatures 
thereon and finding them sufficient, transmit such petition and 
agreement to the Board of Supervisors of said county with his 
recommendation thereon. Such board thereupon, in their dis¬ 
cretion, may make an order annexing, consolidating and merg¬ 
ing, for high school purposes, such union high school district 
with such high school district of such incorporated city 
and town, and such merged, consolidated and combined 
district shall take the name and thereafter be known 
by and under the same name as the high school dis¬ 
trict of such incorporated city or town; provided, that 


Election to 
be separate 
in each of 
the school 
districts. 


Ballot, de¬ 
scription of. 


Returns, how 
canvassed. 


Bonded in¬ 
debtedness. 


Annexation. 


Union of 
high school 
district with 
high school 
district 
of a city. 


198 


CALIFORNIA ELECTION LAWS. 


Consolida¬ 
tion, when 
made. 


When part 
of city for 
high school 
purposes. 


Control of 
merged high 
school dis¬ 
trict. 


Election, 
term of 
office. 


all bonded indebtedness of either of said districts and all 
interest thereon shall be paid by the district which incurred 
the same as though such consolidation and merger had not 
occurred: then the consolidation and merger of such union high 
school district with said high school district of such incorporated 
city or town upon the terms stated in such petition and agree- 
ment shall be complete and valid by virtue of the order of 
said Board of Supervisors duly entered in its minutes. Such 
annexation, consolidation and merger may be made at any 
time irrespective of the provisions of Section 1577 of the 
Political Code of this State. After any such union high school 
district has been so annexed to, consolidated and merged 
with any such high school district of any incorporated city or 
town, such territory of said union high school district so 
merged and consolidated shall be deemed to be a part of said 
city or incorporated town for high school purposes and for all 
matters connected with the high school department thereof, 
and for the purpose of assessing, levying and collecting prop¬ 
erty taxes for the high school funds of such city or incorpo¬ 
rated town and for the purposes specified in Sections 1880 
and 1888, inclusive, of the Political Code. Whenever a union 
high school district shall be annexed to, consolidated and 
merged with a high school district of an incorporated city or 
town as herein above provided, the governing power and 
control of such union high school district shall thereafter be 
merged and vested in the Board of Education or Board of 
School Trustees of such incorporated city or town, and all 
funds belonging to said union high school district shall be 
transferred by requisition of the school superintendent of the 
said county, upon the County Auditor to the credit of the 
proper funds of such incorporated city or town with which 
said union school district has been merged, consolidated and 
annexed, and thereafter said high school district of said in¬ 
corporated city or town shall have the benefit of and shall be 
entitled to enforce and collect in its own name all obligations 
and contracts then existing in favor of such union high school 
district and shall also assume and be responsible for the pay¬ 
ment or performance of all debts, obligations and contracts 
outstanding or existing against said union high school district, 
excepting only the bonded indebtedness then outstanding against 
said union high school district and shall thereafter govern 
and control all the property of said union high school district. 


Sec. 1730. Organization of High School Boards in Union 
and Joint Union High School Districts. In every union or 
joint union high school district, the High School Board shall 
be elected from the high school districts at large for the term 
of three years, except as hereinafter provided. When any 
union or joint union high school district is formed, the super¬ 
intendent of schools who has jurisdiction over the same shall, 
within fifteen days thereafter, call an election in said union 
or joint union high school district for the purpose of electing 


HIGH SCHOOL DISTRICTS. 


199 


a High School Board. Such election shall be held at a school- 
house of each school district in the high school district, and 
such superintendent of schools shall appoint the same number 
of officers of election for each school district, and give the 
same notice of election as are required for the election of school 
trustees, and the election shall be held in the same manner 
as are elections of school trustees, except that the returns shall 
be at once sent to such superintendent of schools, and he shall 
canvass the same and issue certificates of election to the per¬ 
sons elected. The members of the High School Board so 
elected shall hold office until the first day of July next suc¬ 
ceeding the first regular' election of members of the High 
School Board held, as hereinafter provided, after the formation 
of the high school district, and until their successors are 
elected or appointed and qualified. Within twenty days after 
said election the superintendent of schools shall call a meeting 
of the High School Board by giving at least ten days notice 
by registered mail to each member thereof, for the purpose 
of organizing the High School Board. At such meeting the 
High School Board shall organize by electing a president from 
their own number and a clerk, and may transact any other 
business relating to the affairs of the school district. 

(Approved June 13, 1913; in effect August 10, 1913.) 

Sec. 1731. Annual election of High School Trustees. The 
regular annual election of members of the High School Board 
shall be held at same time as the regular annual election of 
school trustees. Said election shall be called by the High School 
Board, who shall for that purpose designate a polling place in 
each of the school districts composing the high school district, 
at one of the schoolhouses thereof, at which the electors of 
such school districts shall vote. The High School Board shall 
give the same notice of said election and appoint the same 
number of election officers in each school district as are re¬ 
quired for the election of school trustees, and said election 
shall be held in the same manner as are elections of school 
trustees, except that the returns thereof shall be at once sent 
to the High School Board, who shall meet at the high school 
on the seventh day thereafter at one o’clock p. m., and canvass 
said returns and issue certificates of election to the persons 
elected and file duplicates thereof with the superintendent of 
schools having jurisdiction over such high school district. The 
High School Board elected at the first regular election fol¬ 
lowing the formation of any union or joint union high school 
district shall at their first meeting so classify themselves by 
lot that one of their number shall hold office for one year, 
two of their number shall hold office for two years, and two 
of their number shall hold office for three years from the 
first day of May next preceding. Thereafter as each member’s 
term expires his successor shall be elected in like manner for 
the term of three years and until his successor shall be elected 


Superin¬ 
tendent of 
schools to call 
a meeting of 
board within 
twenty days 
thereafter. 


Canvass of 
returns. 


Classifi¬ 
cation of 
members. 


200 


CALIFORNIA ELECTION LAWS. 


Yacancies. 


Term of 
office, when 
expired. 


Number of 
districts 
increased, 
election for. 


Number of 
districts 
decreased, 
election for. 


Added 

territory. 


of appointed and qualified. Vacancies on the board shall be 
filled by appointment by the superintendent of schools having 
jurisdiction over the high . school district,, the appointee to 
hold office until the first day of May next succeeding the 
appointment, and a person to fill any unexpired term shall be 
elected at the next regular election after the vacancy occurs. 

In each union or joint union high school district formed 
before this section takes efifect the members of the High 
School Board in office at the time this section takes efifect 
or persons appointed as their successors, in case of vacancies, 
shall hold office until the first day of.July, 1910, at which time 
their terms of office shall expire. At the time hereinbefore 
provided for the holding of the regular election of members 
of the High School Board in the year 1910 a new board, con¬ 
sisting of five members shall be elected at large in each such 
union or joint union high school district, who shall take office 
on the first day of July, 1910; said High School Board shall 
at their first meeting classify themselves by lot as hereinbefore 
provided for newly formed districts and thereafter their suc¬ 
cessors shall be elected as hereinbefore provided. 

Sec. 1732. Reorganization of High School Board on change 
in number of districts. Whenever a new school district be¬ 
comes a part of any union or joint union high school district, 
such newly added school district shall be entitled to participate 
in all elections of members of the High School Board there¬ 
after held. 

Whenever the number of school districts in a high school 
district, is increased from one to two or more, the superintend¬ 
ent of schools having jurisdiction of such high school district 
shall within fifteen days thereafter, call an election as pro¬ 
vided in section seventeen hundred thirty, and thereafter the 
High School Board shall be elected and organized as pro¬ 
vided in sections seventeen hundred thirty and seventeen 
hppcj^d thirty-one. 

1 - Whenever the number of school districts in a high school 
district is decreased from two or more to one, the superin¬ 
tendent of schools having jurisdiction over said high school 
district shall within fifteen days call a meeting of the school 
trustees of the remaining district, as provided in section 
seventeen hundred twenty-six. at which the High School 
Board shall organize as provided in said section, and there¬ 
upon the terms of office of the members of the High School 
Board in office when the decrease was made shall cease. 

Sec. 1733. Change in boundary of school districts. A school 
district cannot lie partly within a high school district and 
partly without, and in all cases where the boundaries of a 
school district comprised within any high school district shall 
for anv cause be changed to include territory not previously 
in such school district, the territory added to such school 
district shall become and constitute a part of the high school 




HIGH SCHOOL DISTRICTS. 


201 


district; and in all cases where the boundaries of a school 
district comprised within any high school district shall be 
changed so as to exclude territory therefrom such excluded 
territory shall, except as hereinafter provided, be excluded 
from the high school district. Where a new school district is 
formed from territory situated wholly within one high school 
district, such new school district shall continue to be a part of 
the high school district; and where a new school district is 
formed from territory situated in two or more high school dis¬ 
tricts or situated partly in a high school district and partly 
in no high school district, the electors of such new school dis¬ 
trict . shall decide by a majority vote to which high school 
district the new school district shall belong or whether such 
new school, district shall be a part of such high school district, 
election being held within thirty days after the formation of 
the school district, and called by the superintendent of schools 
of the county in which such school district is situated, in the 
manner provided in section seventeen hundred twenty-seven. 
The result of such election shall be certified by the superin¬ 
tendent of schools to the County Clerk of the county in which 
such school district is situated, and to the clerk of every other 
county in which any part of the high school district selected by 
the electors is situated, and entered in such clerk’s record of 
high school districts. 

Sec. 1734. Admission of School District to High School 
District. Whenever a majority of the heads of families or a 
majority of the electors residing in any school district 
contiguous to a high school district, in the same or in ad¬ 
joining counties, as shown by the affidavit of one or more of 
the petitioners, shall present to the superintendent of schools 
who has jurisdiction over said high school district, a petition 
for the annexation of such school district to such high school 
district, accompanied by an agreement signed by a majority 
of the members of the High School Board of the high school 
district to which annexation is desired, and by a majority of 
the trustees of such school district, consenting to such annex¬ 
ation and setting forth the terms thereof, such superintendent 
of schools shall, after verifying the signatures thereon and 
finding them sufficient, transmit such petition and agreement to 
the Board of Supervisors of his county with his recommen¬ 
dations thereon. Such board may thereupon, in their dis¬ 
cretion, make an order annexing such school district to such 
high school district upon the terms agreed on. Whenever it 
appears that the terms agreed upon by the trustees of the 
district seeking to be annexed and the High School Board in¬ 
clude the assumption by the district to be annexed of its 
pro rata portion of any bonded indebtedness existing against 
the high school district, the Board of Supervisors shall call 
an election in the district so proposing to assume such in¬ 
debtedness for the purpose of determining whether such in- 


Formation of 
new district. 


202 


CALIFORNIA ELECTION LAWS. 


Election for 
determining 
assumption 
of indebt¬ 
edness. 


Exclusion of 
school district 
from high 
school 
district. 


County clerk 
to record. 


debtedness shall be authorized and assumed. Such election 
shall be held as provided in section seventeen hundred forty- 
live, except that the returns shall be made to the Board of 
Supervisors. If it shall appear from the returns of such 
election that two-thirds of the votes cast at such election were 
cast in favor of the assumption by the district seeking to be 
annexed of its pro rata portion of such bonds, then and not 
until then shall such district be annexed to such high school 
district. If such bonded indebtedness is assumed by the an¬ 
nexed district then all levies of taxes made for the payment 
of the same and interest thereon, shall be upon the property 
of such annexed district at the same rate as levied upon the 
property of the original high school district. Whenever a 
majority of the heads of families or a majority of the electors 
residing in any union or joint union high school district, and 
two-thirds of the heads of families or of the electors residing 
in any school district which is a part thereof, as shown by the 
affidavit of one or more of the petitioners, shall present to 
the superintendent of schools who has jurisdiction over said 
high school district petitions asking for the exclusion of such 
school district from such high school district, accompanied by 
an agreement signed by a majority of the High School Board 
of such high school district and a majority of the trustees 
of such school district, consenting to such exclusion and setting 
forth the terms thereof, such superintendent of schools shall, 
after verifying the signatures thereto and finding them suf¬ 
ficient, transmit such petitions and agreement to the Board of 
Supervisors of his county, with his recommendations thereon. 
Such board may thereupon, in their discretion, make an order 
excluding such school district from the high school district 
upon the terms agreed on; provided, however, that no school 
district shall be excluded from a high school district having an 
outstanding bonded indebtedness, where such exclusion would 
so reduce the amount of taxable property in such high school 
district that said outstanding bonded indebtedness would ex¬ 
ceed five per cent of the taxable property of such high school 
district after the exclusion, as shown by the last equalized 
assessment of the county or counties in which such high 
school district is located. The order of the Board of Supervisors 
annexing a school district to, or excluding it from, a high school 
district shall be entered by their clerk in his record of high 
school districts and he shall also send a copy thereof to the 
County Clerk of each county in which any part of such high 
school district is situated, who shall enter it in his record of 
high school districts. 


Sec. 1736. Disincorporation of High School Districts. Any 

high school district may, after the expiration of three years 
from its formation, or after it has been acting as such for 
three years, disincorporate and be dissolved in the following 
manner: A petition signed by two-thirds of the heads of 


HIGH SCHOOL DISTRICTS. 


203 


families or two-thirds of the electors of each school district 
composing such high school district as shown by affidavit of 
one or more of the petitioners shall be presented to the super¬ 
intendent of schools having jurisdiction over such high school 
district, which petition shall set forth briefly the reasons for dis- 
incorporation, and shall pray that the question may be sub¬ 
mitted to the voters in said district. Upon receiving such 
petition the said superintendent of schools shall verify the 
signatures to said petition and shall, if he finds them sufficient, 
call an election in each school district of such high school dis¬ 
trict, and shall submit to the voters therein the question of dis- 
incorporation of such high school district. At the time of 
calling such election, which must be held in all the school dis¬ 
tricts of the high school district upon the same day, the super¬ 
intendent of schools must appoint three electors in each school 
district contained within such high school district to conduct 
the election. Notice of election shall be given by posting and 
publication as provided by section seventeen hundred twenty- 
seven in case of an election for the formation of a union high 
school district. Said election shall be conducted in the manner 
provided by law for conducting elections of school trustees. 
The ballots shall have printed on them the words “Disincorpo- 
ration—Yes” and “Disincorporation—No,” and electors voting 
at such election shall make a cross with pencil, ink, or rubber 
stamp, opposite the answer they desire to give. The election 
officers shall report the result of such election within five days 
thereafter to such superintendent of schools. If a majority of 
all the votes cast at such election are opposed to disincorpo¬ 
ration no further petition shall be entertained or election 
ordered for a similar purpose within three years next following 
such election. If two-thirds of all votes cast at such election 
are in favor of disincorporation the superintendent of schools 
shall, at the end of the existing school year, suspend said high 
school district, and report the result of the election and the 
fact of such suspension to the Board of Supervisors of his 
county. Upon receiving such report, said board shall, at the 
first meeting thereafter, make an order declaring said high 
school district duly disincorporated and dissolved, to take 
effect at the end of the existing school year. When a high 
school district has disincorporated under the provisions of 
this section, the property thereof shall be sold by said Board 
of Supervisors and the proceeds of such sales, together with 
any moneys in the treasury to the credit of such disincorpo¬ 
rated high school district, shall be disposed of as provided in 
section seventeen hundred thirty-five. If a high school district 
so disincorporated has an outstanding bonded indebtedness, 
taxes shall be levied and collected on all property in the terri¬ 
tory constituting such high school district at the time of its dis¬ 
incorporation, for the purpose of paying principal and interest 
of such bonds, in the same manner, and at the same time as 
if said district had not been disincorporated. 


Election for 


Notice of 
election. 


Ballot, 
form of. 


Report of 
election, 
time of. 


Duty of 
board. 


Property, 


204 


CALIFORNIA ELECTION LAWS. 


Petition for 
county high 
school 
district. 


Election. 


Ballot, 
form of. 


Board of 
supervisors to 
declare estab¬ 
lishment of 
district. 


Superin¬ 
tendent of 
schools to 
call an 
election. 


Sec. 1738. The Establishment of County High Schools. 

Whenever a petition, signed by fifty or more qualified electors 
and taxpayers of any county, is presented to the Board of 
Supervisors thereof, asking for the establishment of a county 
high school district in such county, the Board of Supervisors 
must submit the question of establishing a county high school 
district in said county to the qualified electors thereof, at the 
next general election held therein, or at a special election to be 
called by the board for that purpose. If a special election is 
called, notice thereof must be given by publication in some 
newspaper of general circulation published in the county, for 
at least two weeks before the election, or if there is no such 
newspaper, by posting the same conspicuously in five public 
places in the county, for at least two weeks before the election. 
The ballots used at such election shall contain the words “County 
high school district—Yes,” and “County high school district— 
No,” and voters shall express their choice by marking a cross 
with pencil, ink or rubber stamp after the answer they desire to 
give. Said special election shall be conducted in the manner 
prescribed by this code for conducting special elections. The 
electors of any high school district existing in such county at 
the time of the submission of said proposition, shall be ex¬ 
cluded from voting upon said proposition, unless, in addition 
to the petition above mentioned, there was also presented to 
said Board of Supervisors the petition of two-thirds of the 
qualified electors residing in such high school district or in case 
of a union high school district, the petition of two-thirds of 
the qualified electors residing in each school district composing 
the union high school district; in which case the electors of the 
high school district or districts from which such petitions are 
presented, shall also be entitled to vote upon said proposition. 
If a majority of all votes cast upon the question of establishing 
a county high school district are in the affirmative, the Board 
of Supervisors shall make an order declaring the county high 
school district established and shall also declare the high 
school district or districts which participated in such election, 
upon the petitions hereinbefore required, to be lapsed, and the 
property of such lapsed high school district shall be held or 
sold by the Board of Supervisors for the benefit of the county 
high school district. The order of the board in regard to such 
lapsed districts shall be entered by the County Clerk in his 
record of high school districts. 

Sec. 1742. Location of High School. AVhen the money for 
the purpose of a site for a high school in any newly formed 
high school district has been provided and is in the county 
treasury the superintendent of schools who has jurisdiction over 
said high school district shall at once call a meeting of the High 
School Board, in the same manner as he called first meeting ’of 
said board for organization, for the purpose of making a per¬ 
manent location of the high school. If at such meeting the mem¬ 
bers of the High School Board fail to agree unanimously upon 


HIGH SCHOOL DISTRICTS. 


205 


the location for the high school, they shall propose, in writing, to 
the superintendent of schools and shall transmit to his office 
within ten days the names of the locations which they favor. 
Within twenty days after receiving such proposals the super¬ 
intendent of schools shall call an election in the same manner 
as the election for the formation of the district, to determine 
the location of the high school. At such election only such 
sites as have been named by the members of the High School 
Board, and certified to the superintendent of schools shall be 
voted upon. Any form of ballot by which the voter signifies 
his choice of location shall be allowed. The result of said elec¬ 
tion shall be determined and certified to the superintendent of 
schools as provided in case of the election for the formation 
of the district. 

The location which receives the largest number of votes shall 
be chosen as the location of the high school. No change of 
location of any high school, when once established, shall be 
made except upon a petition to the superintendent of schools 
who has jurisdiction over the high school district, signed by 
two-thirds of the heads of families of the high school district, 
and then only upon the affirmative votes of two-thirds of the 
qualified electors of the high school district voting at an election 
called by the superintendent of schools, for that purpose. Such 
election shall be called and held, and the returns thereof made 
to the superintendent of schools, in the same manner as in 
case of the election for the formation of the district. 

(Approved June 13, 1913; in efifect August 10, 1913). 

Sec. 1745. Election for Issuance of Bond for High School 
Districts. The High School Board of any high school district 
may, when in its judgment it is advisable, and must upon a 
petition of the majority of the heads of families residing in 
such high school district, call an election and submit to the 
electors of the high school district the question whether the 
bonds of such high school district shall be issued and sold for 
the purpose of raising money for purchasing high school lots, 
for building or purchasing one or more high school buildings 
or making alterations or additions to the high school building 
or buildings, for repairing, restoring or rebuilding any high 
school building damaged, injured or destroyed by fire or other 
public calamity, for insuring high school buildings, for supply¬ 
ing high school buildings with furniture or necessary apparatus, 
for improving the grounds, for liquidating any indebtedness 
already incurred for said purposes, or for refunding any out¬ 
standing valid indebtedness of such district, evidenced by bonds 
or warrants thereof. Any one or more or all of said purposes, 
except that of refunding any outstanding valid indebtedness of 
such district, evidenced by bonds or warrants thereof, may by 
order of said board, entered in its minutes, be united and voted 
upon as one single proposition. Such election must be called 
by posting notices, signed by a majority of the High School 


Form of 

ballot 

allowed. 


Location of 
high school. 


Superin¬ 
tendent of 
schools to call 
election. 


Election. 


206 


CALIFORNIA ELECTION LAWS. 


Notices, 
posting, pub¬ 
lications, 
contents. 


Sections of 
code under 
which elec¬ 
tions are 
conducted. 


Ballots, 
form of. 


Canvass of 
returns, 
time of. 


Limit on 
amount of 
bonds. 


Board, in at least three public places in the high school district, 
not less than twenty days before the election; and if there is a 
newspaper of general circulation published in any county in 
which any part of said district is situated, by publishing su,ch 
notice therein not less than once a week for three successive 
weeks. The first publication of said notice shall be not less than 
twenty-one days before such election. Such notice must contain : 
The time and place, or places, of holding such election; the 
names of the inspectors and judges to conduct the same; the 
hours during the day in which the polls will be open; the 
purposes for which the bonds are to be issued; the 
amount of bonds and the denomination thereof, which shall 
not be more than one thousand dollars or less than one hun¬ 
dred dollars; the rate of interest, not exceeding six per cent 
per annum, payable annually or semi-annually; and the number 
of years, not exceeding forty, the whole or any part of said 
bonds are to run. Such election shall be conducted in con¬ 
formity with the provisions of sections one thousand five 
hundred and ninety-six, one thousand five hundred and ninety- 
seven, one thousand five hundred and ninety-eight, one thou¬ 
sand five hundred and ninety-nine, one thousand six hundred, 
and one thousand six hundred and one of this code, and the 
words to appear upon the ballots shall be “High School Dis¬ 
trict Bonds—Yes” and “High School District Bonds—No” or 
words of similar import. Electors voting at such elections 
shall mark a cross with pencil, ink or rubber stamp, after the 
answer they desire to give. On the seventh day after said 
election at one o’clock p. m., if the returns have all been made 
to the High School Board of such high school district, such 
High School Board must meet and canvass said returns. If 
all the returns have not then been received, the board must 
adjourn from day to day until said returns are all received, 
and must then proceed to canvass the same. The canvass may 
be continued from day to day until completed. 

(Approved June 13, 1913; in effect August 10, 1913.) 

Sec. 1746. Same, When Two Thirds Favor Bonds. If it ap¬ 
pears that two-thirds of the votes cast at said election were cast 
in favor of issuing such bonds, then such High School Board 
shall cause an entry of that fact to be made upon its minutes, 
and shall certify to the Board of Supervisors of the county 
whose superintendent of schools has jurisdiction of said high 
school district all of the proceedings had in the premises, and 
thereupon said Board of Supervisors shall be and it is hereby 
authorized and directed to issue the bonds of such high school 
district, in accordance with such proceedings, payable out of 
the building fund of such high school district, naming the 
same; provided, that the total amount of bonds so issued shall 
not exceed five per cent of the taxable property of the high 
school district as shown by the last equalized assessment of 
the county or counties in which such district is located. The 
Board of Supervisors, by an order entered upon its minutes, 


HIGH SCHOOL DISTRICTS. 


207 


shall prescribe the form of said bonds and of the interest 
coupons attached thereto, if any, and must fix the time when Form of 
the whole or any part of the principal of said bonds shall be on s ' 
payable, which shall not be more than forty years from the 
date thereof. If the notice calling the election shall have pro¬ 
vided that the bonds and the interest thereon shall be payable 
in gold coin of the United States, the bonds shall be made 
payable in such gold coin, as to principal and interest. If the 
notice calling the election shall have provided that the bonds 
and the interest thereon shall be payable in lawful money of 
the United States, the bonds shall be made payable in lawful 
money of the United States as to principal and interest. If 
the notice shall have made no such specific provisions, the 

Board of Supervisors shall have power in the order prescribing 

the form of the bonds either to make the bonds payable in 
gold coin of the United States as to principal and interest, 
or to make them payable in lawful money of the United States where 
as to principal and interest. Said Board of Supervisors payable - 

may make the principal and interest of said bonds pay¬ 
able at the office of the treasurer of the county, or 
at such other place within the United States as the 

board may designate, or at such treasurer’s office or such other 
designated place, at the option of the bond holder; which place 
of payment shall be specified in the bonds; and this provision 
shall apply to all such bonds not yet issued when this section 
takes effect, regardless of the time when the election therefor 
was held. The expense of paying such principal and interest 
elsewhere than at the office of the treasurer shall be a charge 
against the high school district funds, to be paid out of the 
tax for the payment of the bonds. Such bonds must be sold Sale of 
at the times and in the amounts prescribed by the Board of bondsat P ar * 
Supervisors, but for not less than par, and the proceeds of 
the sale thereof must be deposited in the county treasury 
to the credit of the building fund of the said high school dis¬ 
trict, and be drawn out for the purposes aforesaid as other 
high school moneys are drawn out. Before selling said bonds, 
or any part thereof, the Board of Supervisors must advertise Qfl^ [sement 
for bids therefor for at least two weeks in some daily or a e ' 
weekly newspaper of general circulation published in the 
county, or if there is no such newspaper published in the 
county, in the State. If satisfactory bids are received, the 
bonds offered for sale must be awarded to the highest bidder. 

If no bids are received, or the board determines that the bids 
received are not satisfactory as to price or responsibility of the 
bidders, the board may reject all bids received, if any, and 
either readvertise or sell said bonds at private sale. 

(Approved April 21, 1913; in effect August 10, 1913.) 


Sec. 1749. Election for Issuance of Bonds for County High 
Schools. In counties where a county high school district has 
been established under the provisions of this article, the Board 


208 


CALIFORNIA ELECTION LAWS. 


Bonds for 

school 

buildings. 


Election, 
how con¬ 
ducted. 


When pub¬ 
lished. 


of Trustees thereof may, when in their judgment it is advisable, 
and must, upon a petition of a majority of the qualified electors 
of said district, call an election and submit to the electors of 
said district the question whether the bonds of such district 
shall be issued and sold for the purpose of raising money for 
purchasing high school lots, for building or purchasing one or 
more high school buildings, or making alterations or additions 
to high school buildings, for repairing, restoring or rebuilding 
any high school building damaged, injured or destroyed by 
fire or other public calamity, for insuring high school buildings, 
for supplying high school buildings with furniture and necessary 
apparatus, for improving the grounds, or for any or all of said 
purposes. The conduct of said election and the issue, sale and 
payment of said bonds and the levy and collection of taxes 
for the payment of principal and interest thereon, shall be in 
the manner prescribed for the issuance of bonds of other high 
school districts. In case the qualified electors of any county 
deem it expedient to establish and maintain more than one 
county high school, then such additional school or schools may 
be established and maintained in the manner prescribed in this 
article for establishing and maintaining a county high school. 


ARTICLE XIX. 


DISTRICT SCHOOL TAX. 

Sec. 1830. Elections to Determine School District Tax. 

The Board of School Trustees of any district may, prior to 
the fifteenth day of August in any year, when in their judgment 
it is advisable, call an election, and submit to the electors of 
the district the question whether a tax shall be raised to furnish 
additional school facilities for the district, or to maintain any 
school in such district, or for building one or more school- 
houses, or for any two or all of these purposes; provided, that 
where a tax has been collected for the purpose of building a 
schoolhouse, and the erection of said schoolhouse shall not 
have been commenced within two years from the time said 
tax was collected, the custodian of said money shall return the 
same to the parties from whom said tax was collected. 

Legislation Sec. 1830. 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 43. 3. By Stats. 1881, p. 47. 4. By Stats. 1803. p. 263. 

Citations: Cal. 52-72, 621; 93-418; 97-436; 112-315; 124-697; 138-256. 

Act authorizing issuance of bonds for school purposes: See 
Gen. Laws, tit. “Schools.” 

Sec. 1831. Notice of Election. Such election must be called 
by posting notices in three of the most public places in the 
district, for twenty days; and, also, if there is a newspaper in 
the county, by advertisment therein once a week for three 
weeks. 

Legislation Sec. 1831. Enacted March 12, 1872. 

Citations: Cal. 52-72, 621; 93-418; 124-697. 




MISCELLANEOUS SCHOOL DISTRICTS. 


209 


Sec. 1832. Notice of Election, What to Specify. Such 
notices must specify the time and place of holding the election, 
the amount of money proposed to be raised, and the purpose 
for which it is intended to be used. 

Legislation Sec. 1832. Enacted March 12, 1872. 

Citations: Cal. 52-72, 621; 93-418; 124-697. 

Sec. 1833. How Election is Conducted. The election shall 
be conducted in conformity to the provisions of sections one 
thousand five hundred and ninety-six, one thousand five hun¬ 
dred and ninety-seven, one thousand five hundred and ninety- 
eight, one thousand five hundred and ninety-nine, one thousand 
six hundred, one thousand six hundred and one of the Political 
Code; provided, that no particular form of ballot shall be re¬ 
quired, nor shall any informalities in conducting such election 
invalidate the same, if the election shall have been otherwise 
fairly concluded. 

Legislation Sec. 1833. 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 44. 3. Stats. 1893, p. 263. 

Citations: Cal. 52-72, 621; 102-185; 124-697. 

Sec. 1834. Ballots, What to Contain. At such elections the 
ballots must contain the words “Tax—Yes”; or, ‘'Tax—No.” 

Legislation Sec. 1834. 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 44. 

Citations: Cal. 124-697. 

Sec. 1835. Election Returns. If a majority of the votes 
cast upon the question of the tax levy are “Tax—Yes,” the 
officers of the election must certify the fact to the Board of 
School Trustees. 

Legislation Sec. 1835. 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 44. 3. By Stats. 1893, p. 264. 

Citations: Cal. 112-315; 124-697. 

Sec. 1836. Trustees must report Certificate of Board of 
Supervisors. The Board of School Trustees, upon receipt of 
a certificate of such fact, must report the same to the Board 
of Supervisors, stating the amount of money to be raised. 

Legislation Sec. 1836. 1. Enacted March 12, 1872. 2. Amended by Code Arndts.., 

1880, p. 44. 3. By Stats. 1893, p. 264. 

Citations: Cal. 124-697. 

Sec. 1837. Supervisors to levy tax upon all taxable property 
in district. The Board of Supervisors must, at the time of 
levying the county taxes, levy a tax upon all the taxable 
property in the district voting such tax, sufficient to raise the 
amount voted. The rate of taxation shall be ascertained by 
deducting fifteen per cent for anticipated delinquencies from the 
aggregate assessed value of the property in the district, as it 
appears on the assessment roll of the county, and then dividing 
the sum voted by the remainder of such aggregate assessed 
value. The taxes so levied shall be computed and entered on 
the assessment roll by the County Auditor, and collected at the 
same time and in the same manner as state and county taxes; 
and when collected shall be paid into the county treasury for 
the use of the district in which the tax was voted; provided, 
that whenever any election has been held within one year im¬ 
mediately preceding the passage of this act, or may hereafter 


Form of. 


Sections of 
Political Code 
under which 
elections are 
conducted. 


Duty of 
officers. 


Certificate. 


210 


CALIFORNIA ELECTION LAWS. 


Election to 
levy taxes. 


Improvement 
bonds, 
election for. 


Order calling 
for election. 


Time of 
posting. 


be held, in a school district, and a tax voted in the manner 
provided by sections eighteen hundred and thirty to eighteen 
hundred and thirty-seven, inclusive, of this code, and the Board 
of Supervisors whose duty it was, or shall be, to levy said tax, 
as in this section provided, has failed or neglected, or hereafter 
shall fail or neglect, to levy said tax so voted, or any portion 
thereof, in and for the fiscal year in which said tax ought to 
have been levied, then said Board of Supervisors must levy 
said tax so voted, or such portion thereof as has not been 
previously levied, in the fiscal year next succeeding the fiscal 
year in which said tax ought to have been levied. 

Legislation Sec. 18371 1. Enacted March 12, 1872. 2. Amended by Code Arndts. 

1880, p. 44. 

Citations: Cal. 68-499; 93-418, 419; 96-636; 112-315; 124-697; 146-534. 


ARTICLE XXI. 


MISCELLANEOUS PROVISIONS RELATING TO 
PUBLIC SCHOOLS. 

Sec. 1880. School District Bonds, election, for. The Board 

of Trustees, Board of Education or other governing body of 
any school district may, when in their judgment it is ad¬ 
visable, and must, upon a petition of a majority of the heads 
of families residing in such district, according to the number 
of heads of families therein shown by the last preceding 
school census, call an election and submit to the electors of the 
district the question, whether the bonds of such district shall 
be issued and sold for the purpose of raising money for pur¬ 
chasing school lots, for building or purchasing one or more 
school buildings or making alterations or additions to any 
school building or buildings, for repairing, restoring or re¬ 
building any school building damaged, injured, or destroyed by 
fire, or other public calamity, for insuring school buildings, for 
supplying school buildings with furniture or necessary appa¬ 
ratus, for improving school grounds, for liquidating any indebt¬ 
edness already incurred for said purposes, or for refunding any 
valid outstanding indebtedness of such district evidenced by 
bonds or warrants thereof. The order calling such election 
shall be valid and effectual when signed by a majority of said 
governing body, and may so submit to said electors as one 
proposal the question of issuing bonds to make all said out¬ 
lays, or so many of them as may be selected; or said order 
may submit at said election as separate questions the issuance 
of bonds for any of said outlays, singly or in such combinations 
as the order may direct. 

Legislation Sec. 1880. 1. Added by Stats. 1881, p. 62. 2. Amended by Stats. 1885, 

p. 8. 3. By Stats. 1889, p. 196. 4. By Stats. 1893, p. 267. 5. Bv Stats. 1895, p. 245. 

6. By Stats. 1899, p. 94. 7. Bv Stats. 1909. p. 897. 

Citations: Cal. 99-151; 102-185; 138-256; 148-381; 384; 153-286. 

Sec. 1881. Notice of Election, of Given. Notice of such 

election shall be given by posting notices, signed by the 




MISCELLANEOUS SCHOOL DISTRICTS. 


211 


board, or by a majority thereof, in three public places in the 
district, not less than twenty days before the election; and by 
publishing such notice not less than once a week for three 
successive weeks before the election in a newspaper published 
in the County, if any newspaper is published therein. 

Legislation Sec. 1881. 1. Added by Stats. 1881, p. 62. 2. Amended by Stats. 1909, 

p. 461. 

Citations: Cal. 148-384. 

Sec. 1882. What Notice Shall Contain. Such notice shall 
contain: 

1. Time and place of holding such election. 

2. The names of the officers of election appointed to conduct 
the same. 

3. The hours during the day in which the polls will be open. 

4. A statement of the purpose for which the election is held. 

5. The amount and denomination of the proposed bonds, the 
rate of interest and the number of years, not exceeding forty, 
the whole or any part of said bonds are to run. 

Legislation Sec. 1882. 1. Added by Stats. 1881, p. 62. 2. Amended by Stats. 1893, 

p. 267. 3. By Stats. 1901, p. 293. 4. By Stats. 1903, p. 41. 5. By Stats. 1909, p. 460. 

Citations: Cal. 148-384. 

Sec. 1883. Election, how conducted. Such election shall be 
conducted in conformity to the provisions of sections one 
thousand five hundred and ninety-six, one thousand five hun¬ 
dred and ninety-seven, one thousand five hundred and ninety- 
eight, one thousand five hundred and ninety-nine, one thousand 
six hundred, one thousand six hundred and one and one thou¬ 
sand eight hundred and thirty-four, except that the words to 
appear upon the ballots shall be “Bonds—Yes” and “Bonds 
—No”; and except further that persons voting at such bond 
elections shall put a cross (X) upon their ballots, with pencil or 
ink, after the words “Bonds—Yes” or “Bonds—No” (as the 
case may be) to indicate whether they have voted for or against 
the issuance of bonds. 

Legislation Sec. 1883. 1. Added by Stats. 1881, p. 63. 2. Amended by Stats. 1893, 

p. 267. 3. By Stats. 1905, p. 190. 

Citations: Cal. 148-384. 

Sec. 1884. Issuance of Bonds, Proceedings for. On the 

seventh day after said election, at one o’clock p. m., the re¬ 
turns having been made to the Board of Trustees, Board of 
Education, or other governing body of such school district, 
the board must meet and canvass said returns, and if it ap¬ 
pears that two-thirds of the votes cast at said election was in 
favor of issuing such bonds, then the board shall cause an 
entry of that fact to be made upon its minutes, and shall certify 
to the Board of Supervisors of the county all the proceedings 
had in the premises, and thereupon said Board of Supervisors 
shall be and they are hereby authorized and directed to issue 
the bonds of such district, to the number and amount pro¬ 
vided in such proceedings, payable out of the building fund of 
such district, naming the same, and that the money shall be 
raised by taxation upon the taxable property in said district, 
for the redemption of said bonds and the payment of the in- 


Notice, what 
to contain. 


Ballot, 
form of. 


Election 
returns, when 
canvassed. 


212 


CALIFORNIA ELECTION LAWS. 


Board of 
supervisors to 
prescribe 
form of bond. 


Interest, 
when payable. 


Sectibns of 
Political Code 
under which 
school bonds 
are issued. 


terest thereon; provided, that the total amount of bonds so 
issued shall not exceed five per cent of the taxable property 
of the district, as shown by the last equalized assessment-book 
of the county. 

Legislation Sec. 1884. 1. Added by Stats. 1881, p. 63. 2. Amended by Stats. 1895, 

p. 245. 

Citations: Cal. 148-381. 

Sec. 1885. Form of Bonds, When Payable. The Board of 
Supervisors by an order entered upon its minutes shall pre¬ 
scribe the form of said bonds and of the interest coupons at¬ 
tached thereto, and must fix the time when the whole or any 
part of the principal of said bonds shall be payable, which 
shall not be more than forty years from the date thereof. 

Legislation Sec. 1885. 1. Added by Stats. 1881, p. 63. 2. Amended by Stats. 1897, 

p. 243. 3. By Stats. 1903, p. 40. 

Citations: Cal. 48-384. 

Sec. 1886. Sale of Bonds. Said bonds must not bear a 
greater amount of interest than six per cent, said interest to be 
payable annually or semi-annually, and said bonds must be 
sold in the manner prescribed by the Board of Supervisors, 
but for not less than par, and the proceeds of the sale thereof, 
together with any premium which may be received from the 
sale of said bonds must be deposited in the county treasury 
to the credit of the building fund of said school district, and 
be drawn out for the purposes aforesaid as other school 
moneys are drawn out. All the proceedings of every school 
district and of every Board of Trustees, Board of Education, 
Board of Supervisors, and of all officers of school districts 
and counties, purporting to have been taken under or by 
authority of sections one thousand eight hundred and eighty 
to one thousand eight hundred and eighty-eight, inclusive, of 
the Political Code, shall be valid in the same manner and 
to the same extent as if sections one thousand eight hundred 
and eighty and one thousand eight hundred and eighty-four 
of said code, at the time when such proceedings were taken, 
in express language empowered the governing body of all 
school districts, by whatever name such governing body should 
be known, to call elections for the purposes set forth in said 
section one thousand eight hundred and eighty, and to re¬ 
ceive and canvass returns, to cause a minute entry of the 
result of elections, and to certify proceedings to the Board 
of Supervisors, as provided by said section one thousand eight 
hundred and eighty-four. And all bonds of school districts 
purporting to have been issued under or by virtue of any or 
all of the following sections, to wit: sections one thousand 
eight hundred and eighty, one thousand eight hundred and 
eighty-one, one thousand eight hundred and eighty-two, one 
thousand eight hundred and eighty-three, one thousand eight 
hundred and eighty-four, one thousand eight hundred and 
eighty-five, one thousand eight hundred and eighty-six, one 
thousand eight hundred and eighty-seven, and one thousand 
eight hundred and eighty-eight of the Political Code, shall be 


SUPPLEMENTAL INDEX TO 

Permanent Road Divisions and Reclamation Districts 

* (Pages 213 to 221.) Page 

PERMANENT ROAD DIVISIONS .213 

Sec. 2745. Permanent Road Divisions, Formation of .213 

Any Portion of County may be formed Into.213 

Powers of .213 

Sec. 2746. Petition for Formation, What to Contain .213 

To be Presented to Board of Supervisors .213 

Who to Sign .213 

Sec. 2747. Affidavit to Accompany Petition .213 

Valuations Compared with Assessment-roll...213- 

Sec. 2748. Publication of Notice ...;.214 

Petition,, when Presented, Publication ..214 

Sec. 2749. ‘Hearing of Petition . 214 

Boundaries, Changes in and Notice of .214 

Petition for Formation of, Hearing and Adjournment.214 

Sec. 2750. Boundaries Established .214 

By Board of Supervisors are Legal .214 

Misdescription, Correction of .214 

Report of Surveyor, Confirmation and Modification of.214 

Notice of Hearing .214 

Sec. 2751. Petition for Construction of Road .214 

Filing of Petition, What to Contain, Who may File.214 

Sec. 2752. Board of Supervisors to Prepare Plans .215 

Improvements of Road, Duty of Supervisors .215 

Sec. 2753. Board of Supervisors May Set Apart Moneys .215 

Funds, Permanent Road Fund, What Constitutes .215 - 

Setting Apart for Roads .215 

Name of Fund, Amount Allowed .215 

Sec. 2754. Election, Special Tax, to Raise Balance of Cost .215 

Notice of Election, Time of Posting and Publication of....215 

Petition for .215 

Sec. 2755. Notice, What to Specify .215 

Sec. 2756. Election, How Conducted .215 

Informality, not to Invalidate .216 

Supervisors to Appoint Three Judges for each Precinct....215 

Establish Election Precincts .215 

To Conform with General Election Laws ...215 

Sec. 2757. Ballots, WQiat to Contain .216 

Result of Votes, Duty of Board of Supervisors .216 

Election Officers .216 

Return of Funds where Majority is Against.216 

Sec. 2758. Certificate of Votes Cast .216 

Election Officers to Certify to Board of Supervisors 

Result of Election .216 

Transfer of Money When Tax Fails to Carry.216 

Sec. 2759. How Levied .216 

Computation of, Levy and Collection of, To Whom Paid.216 

Sec. 2760. Election for Issuance of Road Bonds......216 

Election Districts, Boundaries of .216 

Notice of Election, Publication of .216 

When and Where to be Posted.216 

Permanent Road Bonds, Election for .216 

Polling Place, Designation of .216 

Sec. 2761. Notice of Election, What to Specify.216 

Polls, Opening and Closing of.216 

Sec. 2762. Election, How Conducted .217 

Ballot, Form of .217 

In Accordance with General Election Laws.217 

























































SUPPLEMENTAL INDEX TO 
(Pages 213 to 221). 

Permanent Road Divisions—(Continued). Pago 

Sec. 2763. Result of Votes .217 

Amount of Bonds Limited by Percentum of Taxable 

Property ..i.217 

Duty of Board of Supervisors .^.217 

Election Officers to Certify .217 

When Supervisors may Issue Bonds Payable out of 

Funds of Division .>. 217 

Sec. 2764. Bonds for Permanent Road Divisions, Form of.217 

Duration of Bonds .217 

Interest Coupons .217 

Sec. 2765. Rate of Interest, Sale of Bonds, Signatures on Bonds 

and Coupons .217 

Duty of Chairman of Board .217 

County Clerk .217 

To be Sold by County Treasurer, Procedure.217 

Sec. 2766. Reversion of Moneys .217 

When Issue of Bonds is not Authorized ..217 

Money Transferred to Revert to Funds Taken From.217 

Ses. 2770. Fund Moneys Remain after Completion of Work, 

Disposition of .217 

To be Expended Only in Maintaining Roads of Said 

Division .>....217 

When Existence of Road Division Ceases .218 

Sec. 2771. Publishing of Notices, Place of.218 

Sec. 2772. Expense of Organization and Election to be a County 

Charge ...218 

Fund, Payable out of .218 

Sec. 1773. Construction of Act, Code Provisions Relating to.218 

Not to Repeal other Acts .218 

RECLAMATION DISTRICTS. (Note—See also page 455)....218 

Sec. 3491. Election of Trustees .218 

Application of Land-holder to Supervisors 

for Holding of . 219 

Board of Election, Duty of.’.‘....219 

Canvass of Votes by Board of Election.219 

Certificate of Election Issued by Board of 

Election .219 

Challenge of Vote, Manner of.219 

Duty of Board of Supervisors.218 

Election, How Conducted .218 

Time and Place of Holding.218 

Notice of, Publication of .219 

Polls, Opening and Closing of.219 

Oath of .:.219 

Officers, Appointment of .219 

Duties and Powers of .219 

Owners of Real Estate to have Right to 

Cumulate Votes .218 

Voting, Manner of, Right of . 218 

Sec. 3492. Reclamation Districts, Formation of. : .219 

By Owners of Land Reclaimed or Being Reclaimed and 

not in any District ....219 

District shall be subject to Provisions of Political Code 

Relating to other Districts .220 

Rights and Powers of Board of Trustees.220 

Sec. 3493. Dissolution of District, Manner of .220 

Action may be Brought by Attorney General, Manner of....220 

Complaint in Summons, upon Whom Served ...220 

Notice by Publication to be Given by Clerk to Persons 

Interested ..1.220 

Objections to Dissolution, Manner of Procedure .220 

Time of fixing Day for Hearing .220 

Vacancies to be filled by Supervisors .220 



















































MISCELLANEOUS SCHOOL DISTRICTS. 


213 


valid in the same manner and to the same extent as if said 
sections used the words “Board of Education, Board of Trus¬ 
tees, or other governing body,” in place of the words “Board of 
Trustees,” whenever the words “Board of Trustees” occur in 
said sections. (Amendment approved May 20, 1913.) 

Note: Act 3567-3582 relating to school district bond elections in cities of the 5th 
class, act 3586c relating to school district library elections will be found under “Stat¬ 
utes at Large.’’ School election laws in cities of 1st, 2d, 3d, 4th and 5th class that al*e 
conducted under the Municipal Corporation Bill act 2348 have been omitted. 


PERMANENT ROAD DIVISIONS. 


ARTICLE IX. 


PERMANENT ROAD DIVISIONS. 

Sec. 2745. Formation of. Any portion of a county not con¬ 
tained in a permanent road division may be formed into a perma¬ 
nent road division under the provision of this act, and when so 
formed shall have the powers herein enumerated and such as may 
hereafter be conferred thereon by law. 

Sec. 2746. Petition for formation of, what to contain. A peti¬ 
tion for the formation of a permanent road division (naming it) 
may be presented to the board of supervisors of the county 
wherein the division is proposed to be formed. It shall be signed 
by at least a majority of the land-owners residing within the 
proposed division, and shall contain: 

1. The boundaries of the proposed division; 

2. The number of acres therein contained and the assessed 
valuation of the same accordingly (according) to the last com¬ 
pleted assessment-roll of the county; 

3. The value of the improvements on real estate and of the 
personal property within the proposed division according to the 
last completed assessment-roll; 

4. The number of inhabitants therein as near as can be as¬ 
certained ; 

5 . A particular description as to location of the road or roads 
which it is desired to construct or improve and the necessity for 
such work; 

6. By the last completed assessment-roll is meant the last roll 
as made up by the assessor, with the changes ordered by the 
supervisors sitting as a board of equalization. 

Sec. 2747. Affidavit required. Such petition shall be accom¬ 
panied by an affidavit stating that affiant has compared the valu¬ 
ations therein given with those on the last completed assessment- 
roll and that the same are complete and correct. 


Boundaries. 


Number of 
inhabitants. 





214 


CALIFORNIA ELECTION LAWS. 


Notice. 


PubllLation, 
time 01 . 


Time of. 


What to 
contain. 


Sec. 2748. Publication of notice. Such petition shall be pre¬ 
sented at a regular meeting of the board of supervisors or at a 
special meeting called to receive and consider the same, and shall 
be published at least once a week for three successive weeks in a 
newspaper published in the county before the time at which it is 
to be presented, together with a notice stating the time of the 
meeting at which the board will be asked to consider the petition, 
which time shall not be more than ten days after the last publica¬ 
tion of the petition and notice. 

Sec. 2749. Hearing of petition. On the day named in the 
notice the board shall hear the petition and may adjourn such 
hearing from time to time, but not longer than one month in all. 
On the final hearing they may make such changes in the bound¬ 
aries of the proposed road division as they may find to be proper 
and shall define and establish such boundaries; but such changes 
shall not include any territory outside of the boundaries described 
in the petition, until the board has given at least fifteen days’ 
notice of its intention to include such territory in such road 
division. Such notice shall be given by publication at least once 
a week for three successive weeks in a paper published in the 
county, and by leaving a copy thereof at each place of abode in 
said territory. 

Sec. 2750. Boundaries established. The boundaries established 
by the board shall be the boundaries of such permanent road 
division until the same shall be changed in the manner provided 
by law; but if it shall appear to the board that the boundaries 
of any such division have been incorrectly described, it shall 
direct the county surveyor to ascertain and report a correct de¬ 
scription of the boundaries in conformity with the orders of the 
board. At the first regular meeting of the board after the filing of 
the county surveyor’s report, they shall cause notice to be pub¬ 
lished in some newspaper published in the county that the report 
will be considered at the next regular meeting of the board, 
naming the day, and at such meeting the board shall ratify 
the report of the surveyor, with such modifications as they deem 
necessary. And the boundaries so established shall be the legal 
boundaries of such permanent road division. 

Sec. 2751. Petition for construction of road. At the time of 
forming a permanent road division, or at any time thereafter, any 
ten or more resident freeholders thereof may petition the board 
of supervisors to have plans prepared for the construction or 
improvement of the road or roads or any part thereof mentioned 
in the petition for the formation of said division, or of the whole 
or any part of any other road in the division. Such petition shall 
state: 

1. The recommendations of the petitioners as to the materials 
to be used and the manner of constructing or repairing said road 
or roads; 

2. An estimate of the probable cost of such work; 


POLITICAL CODE. 


215 


3. A request that the board appropriate for said work a sum 
of money, naming it, from the general road fund of the county; 

4. A request that the board appropriate for said work a 
sum of money, naming it, from the road district funds in the 
road districts of which said permanent road division forms a part; 

5. A request that a special tax be levied or that the bonds of 
the division be issued to raise the balance necessary for said work. 

Sec. 2752. Board to prepare plans. Upon receiving such peti¬ 
tion the board shall proceed to prepare, or cause to be prepared, 
plans and specifications for an estimate of the cost of the work 
mentioned in said petition, and for any other road, bridge, culvert 
or work considered a necessary part of the permanent road peti¬ 
tioned for. 

Sec. 2753. May set apart moneys. When the board has 
adopted plans and specifications for said work they may set apart 
therefor such a sum from the general road fund of the county as 
they shall consider equitable; also, such sum from the funds of 
the district or districts of which said division is a part, as they 
consider equitable, but not less than seventy-five per cent of the 
sum which bears the same ratio to the whole fund of the district 
or districts which the assessed valuation of the division bears to 
the whole valuation of the district or districts of which it forms 
a part. The board may in its discretion give more than this per¬ 
centage. These sums shall be set apart in a fund, to be known 

as the permanent road fund of-division (using the name 

of the division). 

Sec. 2754. Special tax election.. Notice of. When a special tax 
is petitioned for, the board of supervisors shall immediately order 
an election within such road division to determine whether the 
same shall be levied; and the board may in its discretion submit 
to the electors at such election the question whether the balance 
of the estimated cost of the proposed work shall be raised by a 
special tax in one, two, or three successive years, raising an equal 
amount each year. Such election must be called by posting 
notices not more than one mile apart, and not less than three such 
notices, along the road or roads proposed to be improved or con¬ 
structed, at least fifteen days before the election, and by publish¬ 
ing the same at least once a week for three successive weeks in a 
newspaper published in the county. 

Sec. 2755. What notice must specify. Such notices must 
specify the time and place or places of holding the election, the 
amount of money proposed to be raised and the purpose for which 
it is to be used, including a brief description of the proposed work 
and materials to be used, and whether it is proposed to raise the 
amount in one, two or three successive years. If in more than 
the year, the amount proposed to be raised each year. 

Sec. 2756. Conduct of election. For the purposes of this elec¬ 
tion the supervisors shall establish, by order, one or more pre¬ 
cincts and appoint three judges for each to conduct the same, and 


Name of 
fund, amount 
allow U \I. 


Where posted, 
time of. 


Description. 



216 


CALIFORNIA ELECTION LAWS. 


Election. 


What to 
contain. 


How 

conducted. 


Polls, 

when open. 


it must be held in all respects as nearly as practicable in con¬ 
formity with the general election law; but no particular form of 
ballot need be used, nor shall any informality in conducting such 
election invalidate the same if the election shall have been other¬ 
wise fairly conducted. 

Sec. 2757. Ballots. At such elections the ballots shall contain 
the words “Tax—Yes” or “Tax—No.” 

Sec. 2758. Certificate of vote. The officers of the election must 
certify the result of the election to the board of supervisors, giv¬ 
ing the whole number of votes cast, the number for and the num¬ 
ber against the tax. If the majority shall be against the tax, the 
money theretofore transferred to the fund of such division shall 
revert to the funds from which it was taken. 

Sec. 2759. Tax, how levied. If the majority of the votes cast 
are for the tax, the supervisors must at the time of levying the 
county taxes levy a tax upon all the taxable property in the 
division sufficient to raise the amount voted for the current fiscal 
year. The rate of taxation shall be ascertained by deducting fif¬ 
teen per cent for anticipated delinquencies from the aggregate 
assessed value of the property in the division as it appears on the 
assessment-roll of the county and then dividing the sum voted by 
the remainder of such aggregate assessment value. The tax so 
levied shall be computed and collected in the same manner as 
state and county taxes, and when collected shall be paid into the 
county treasury for the use of the division in which the tax is 
voted. 

Sec. 2760. Special bond election. If the petition mentioned in 
section two thousand seven hundred and fifty-one of this code 
asks for the issuance of bonds, the supervisors shall call an elec¬ 
tion in such road division and submit to the electors thereof the 
question whether the bonds of the division shall be issued. Such 
election must be called by posting notices, not more than one mile 
apart and not less than three such notices, along the road or 
roads proposed to be constructed or improved, at least fifteen 
days before the election, and by publishing the same at least 
once a week for three successive weeks in a newspaper published 
in the county. The supervisors shall in such notice designate the 
polling place or places and define the boundaries of the election 
districts, but no election precinct shall be part in one and part 
in another of such districts. 

Sec. 2761. Contents of election notice for road bonds. Such 

notice must contain: 

1. The time and place or places of holding such election; 

2. The name of three judges for each election district to con¬ 
duct the same; 

3. The hours during the day in which the polls will be open, 
not less than eight; 

4. The amount and denomination of the bonds; the rate of 
interest, not exceeding seven per cent; and the number of years, 
not exceeding forty, any part of said bonds shall run; 


POLITICAL CODE. 


217 


5. The purpose for which it is to be used, including a brief 
description of the proposed work and the materials to be used; 

6. The signature of the chairman of the board, attested by the 
county clerk. (Amendment approved June 10, 1913; Stats. 1913, 

p. 682.) 

Sec. 2762. Conduct of election. Such election shall be con¬ 
ducted as near as practicable in accordance with the general elec¬ 
tion law, but no particular form of ballot need be used. No in¬ 
formality in conducting such election shall invalidate the same if 
the election shall have been otherwise fairly conducted. At such Ballot, 
elections the ballots shall contain the words “Bond—Yes” or form of - 
“Bond—No.” 

Sec. 2763. Certificate of result. The officers of the election 
must certify the result of the election to the board of supervisors, 
giving the whole number of votes cast and the number for and the 
number against the bonds. If two-thirds of those voting thereon 
are in favor of issuing such bonds, then the board of supervisors 
shall cause an entry of that fact to be made upon the minutes, and 
thereupon they shall be authorized and empowered to issue the Duty of board, 
bonds of said division to the number and amount provided for 
in such proceedings, payable out of the funds of such division, and 
that the money shall be raised by taxation upon the property in 
said district for the redemption of said bonds and the payment of 
interest thereon, but the total amount of bonds so issued shall 
•not exceed fifteen per cent of the taxable property of the division 
as shown by the last equalized assessment-roll of the county. 

Sec. 2764. Form of bonds. The supervisors, by an order en¬ 
tered upon the minutes, shall prescribe the form of said bonds and 
of the interest coupons attached thereto, and shall fix the time Duration, 
when the several bonds shall become due, not exceeding forty 
years from the date thereof. (Amendment approved June 10, 

1913; Stats. 1913, p. 682.) 

Sec. 2765. Rate of interest. How sold. Such bonds shall bear 
no greater rate of interest than seven per cent per annum, and the 
interest shall be payable annually. The bonds and each coupon 
shall bear the autograph or facsimile printed signature of the 
chairman of the board and of the county clerk. Said bonds shall 
be sold by the county treasurer, after reasonable notice, to the 
highest and best bidder, but not for less than par and accrued 
interest, if any. 

Sec. 2766. Reversion of moneys. If at the election mentioned 
in section sixteen of this act, an issue of bonds is not authorized, 
the money transferred to the fund of the division shall revert to 
the funds from which it was taken. 

Sec. 2770. Money remaining after the completion of work. 

Any money remaining after the completion of the work con¬ 
tracted for shall remain in the fund of the road division and shall 
be expended only in maintaining the roads of such division. On 
the payment of the debts of the division or on the failure at two 


218 


CALIFORNIA ELECTION LAWS. 


Second elec¬ 
tion, when 
may be held. 


Time of 
publication. 


Alternative 

method. 


When held. 


notice of 
election. 


To cumulate 
votes. 


successive elections to vote a special tax or bonds for any pro¬ 
posed work such road division shall cease to exist as a permanent 
road division; provided, that the second election for a special 
tax or bond issue shall be held not less than six months nor later 
than one year after the election at which a special tax or bond 
issue has been defeated. 

Sec. 2771. Where notices must be published. All publications 
required to be made in the proceedings for the formation of a 
permanent road division, or the elections or other proceedings had 
therein, shall be published in a newspaper published within such 
road division if any paper is published therein; if there is no 
paper published within such road division, such publication shall 
be made in a paper published within the county and deemed by 
the supervisors most likely to give notice to the residents of the 
road division. One publication each week for three successive 
weeks shall be a sufficient publication under this act, including 
any publication under proceedings commenced but not concluded 
before this act takes effect. 

Sec. 2772. Expenses of organizing division. The expenses of 
organizing a permanent road division and of conducting any elec¬ 
tion under the provisions of this act shall be a county charge, 
payable out of the general county fund. 

Sec. 2773. Construction of act. This act is intended to furnish 
an alternative method for accomplishing the road construction 
and improvement provided for herein, and does not repeal, mod¬ 
ify, or abridge any other act or acts having for their object 
the construction or improvement of roads, streets, or other public 
highways not within the boundaries of a municipal corporation. 


ARTICLE II. 


RECLAMATION DISTRICTS. 

Sec. 3491. Election of trustees. In each reclamation district 
in this state, formed under this code or any statute, there shall 
be an election every two years, held at such time and place, in or 
near the district, and after such notice as the board of supervisors 
shall direct; provided, that the notice shall be not less than one 
month, and at such election each bona fide owner of lands in the 
district shall be entitled to vote in person or by proxy, and shall 
have right to cast one vote for each one dollar’s worth of real 
estate owned by him or her in the district, the value thereof to be 
determined from the next preceding assessment-roll of the county, 
and a majority of the votes cast at such election shall elect. In 
all elections for trustees every owner of real estate shall have 
right to cumulate his or her votes, and give one candidate as 
many votes as the number of trustees to be elected multiplied by 
the number of dollar’s worth of real estate owned by him or her 




POLITICAL CODE. 


219 


shall equal, or to distribute them on the same principle among as 
many candidates as he shall think fit. The board of supervisors 
to which the petition for the formation of the district was pre¬ 
sented shall, upon the application of any land-holder in the dis¬ 
trict, appoint a time and place for holding such election, which 
election shall be held within sixty days from the time of such 
application; the place shall in all cases be in or near the district. 
Notice of such election shall be given by publication for not less 
than one month in a newspaper in each county in which any por¬ 
tion of the lands of the district are situate, if any newspaper is 
published therein, and if not, then in a newspaper having gen¬ 
eral circulation in such county. The trustees elected under the 
provisions of section three thousand and four hundred fifty-two 
shall hold office until their successors are elected under the pro¬ 
visions of this section. For the purposes of such election the 
board of supervisors of the county in which the whole or the 
larger part of the lands of any district are situate, must appoint 
from the land-holders of the district one inspector and two judges 
of election, who shall constitute a board of election for such dis¬ 
trict, but in case the board of supervisors fail to appoint, or the 
person appointed fail to attend at the time and place appointed 
for the election, the voters present at the time and place of open¬ 
ing the polls may appoint the board, or supply the place of an 
absent member thereof. Each member of the board must, upon 
entering upon his duties, be sworn to a faithful performance 
thereof by some officer authorized to administer oaths. The 
board of election must canvass the votes cast and issue certifi¬ 
cates of election to the persons elected, and must place the bal¬ 
lots, when canvassed, in an envelope and forward the same, 
sealed, to the clerk of the board of supervisors. Any legally qual¬ 
ified voter may challenge any vote, and the board of election shall 
determine, by the oath of the parties or otherwise, as they may 
think proper, whether or not the person challenged is entitled to 
vote, and in case of challenge, either one of the board of election 
is hereby authorized to administer oaths. The polls shall be open 
from ten a. m. until four p. m. In case of vacancy in the board 
of trustees, the board of supervisors shall, by appointment, fill 
such vacancy. 


Duty of board 
of supervisors. 


Canvass of 
votes, and 
issuance of 
certificates. 


Polls, lime of 
opening and 
closing. 


Sec. 3492. Formation of reclamation districts. The holders of 
title or evidences of title representing one-half or more of any 
body of swamp and overflowed, salt marsh, or tide lands, suscept¬ 
ible of one mode of reclamation, and already reclaimed, or in 
progress of reclamation, and not included in any existing recla¬ 
mation district, who may desire to form a reclamation district 
for the maintenance, protection, or repair of the reclamation 
works in, upon, or appertaining to such body of lands, or for 
the completion of the reclamation thereof, may present a similar 
petition to that provided for in section 3446, and shall state that 
such land is reclaimed or in progress of reclamation. Such pro¬ 
ceedings shall thereupon be had as are provided for in the forma- 


220 


CALIFORNIA ELECTION LAWS. 


Provisions of 
Political Code. 


.Notice of 
publication. 


Trial. 


tion of other reclamation districts. Such districts, when formed, 
and the board of trustees thereof, shall have, all the rights, immu¬ 
nities, powers, and privileges of other reclamation districts, and 
the board of trustees thereof. Such district shall be subject to 
all the provisions of the Political Code relating to reclamation 
districts and the proceedings thereof. (Amendment approved 
April 5, 1911; Stats. 1911, p. 656.) 

Sec. 3493. Dissolution of district. An action may be brought 
by the attorney-general, in the name of the people of this state, 
upon his own information or upon the complaint of a private 
party, for the dissolution of a swamp-land or reclamation dis¬ 
trict for a non-user of its corporate powers. In such action the 
complaint and summons may be served personally upon a major¬ 
ity of the trustees of such district, or upon the president of the 
board of trustees. If two or more districts have been formed to 
include all or a portion of the same lands, they may all be joined 
in the same action. In any such action, when service or sum¬ 
mons has been made upon the defendant or defendants, and the 
defendant or defendants have appeared or default been entered, 
the court, upon the application of any of the parties, shall there¬ 
upon enter an order fixing a day for hearing, which shall not be 
less than twenty-five days from the date of the order, and shall, 
also, enter an order directing notice by publication to be given by 
the clerk to all persons interested in said district or districts, 
either as owner or owners of land in said district or districts, or 
creditors of said district or districts, or otherwise, requiring them 
to be and appear on the day fixed for the hearing of said cause, 
if any they have, why the district or districts, named in the com¬ 
plaint, as defendant or defendants, should not be dissolved. The 
court shall order the notice to be served by publication in some 
newspaper of general circulation published in the county where 
the district or districts are situated, for a period of not less than 
twenty days. On the day fixed for a hearing, or some later date 
to which the cause may be continued, the court may proceed with 
the hearing, due proof having been first made of the service of 
the notice by publication for the length of time required by the 
order. Any person interested in the district or districts that is 
defendant or defendants shall, upon showing his interest, be 
allowed to file an answer or objections to the dissolutions of the 
defendant or defendants, and shall from the filing of said answer 
or objections become a party defendant, and be entitled to all the 
rights of a defendant in any civil action. Any vacancy in the 
board of trustees heretofore or hereafter caused by resignation, 
death, removal from the state, or otherwise, may be filled by the 
board of supervisors of the county in which the district is situ¬ 
ated upon the application of any person or persons owning land 
in the district. The appointment of a trustee or trustees to fill a 
vacancy or vacancies shall not operate to destroy or remove any 
cause of action existing before such appointment or appointments 
were made, against the corporation or district for non-user of its 
corporate powers; provided, suit be commenced within one 


SUPPLEMENTAL INDEX TO 

THE GOVERNMENT OF COUNTIES 


CLASSIFICATION AND ELECTION OF OFFICERS. 
CONSOLIDATION OF OFFICERS. 

ELECTION FOR AND QUALIFICATION OF OFFICERS. 
LEGISLATIVE DEPARTMENT. 

GENERAL PERMANENT POWERS OF BOARD OF SUPERVISORS. 

ORDINANCES. 


(Page 221 to 233). Pago 

GENERAL PROVISIONS RELATING TO COUNTIES.221 

Sec. 3976. Removal of County Seat, Election for.221 

Change of County Seat, Election for, when 

Supervisors to Order .!.221 

Duty of Board of Supervisors . 221 

How Changed, Proceedings on .221 

Petition for, what Number of Voters may 

Present . 221 

Question of Removal, Duty of Board of 

Supervisors . 221 

Votes Cast at Preceeding General Election, 

How to Govern .221 

Sec. 3979. Election, How Conducted. Notice of Election, Returns. 

Canvass of .221 

How Conducted .221 

Notice of Election, What to State .221 

To be held in Manner Prescribed for Election 

of County Officers .221 

Sec. 3980. Voter to Plainly Designate on Ballot Place he Prefers.221 

Ballot, What to show .221 

Sec. 3981. Notice of Result of Election.221 

Canvass of Vote, two-thirds Vote Required.221 

Notice of Result to be Posted in all Election 

Precincts in County' .221 

Sec. 3984. Second Election, Not to be Held within Four Years.222 

When two-thirds of the Votes are not Cast.222 

Sec. 3985. County Seat, subsequent Removal of .222 

Election for .222 

Manner of .222 

Right of, and Proceedings on ..'....222 

CLASSIFICATION AND ELECTION OF TOWNSHIP 

OFFICERS ..».222 

Sec. 4014. Township Officers .222 

Additional Officers, How Appointed .222 

Federal Census, How to Govern .222 

When City Justices or Recorders are Elected or 

Appointed . 222 

Who are .222 

Sec. 4015. Supervisors shall Divide County into Townships.223 

Township, Establishment of . 222 

” Incorporated Cities not to lie partly 

within one and Partly within another.222 

CONSOLIDATION OF OFFICERS . 223 

Sec. 4017. County Officers, Consolidation of . 223 

Of Certain Officers .223 

Offices that may be Consolidated .223 

What County Officers may be Consolidated .223 














































SUPPLEMENTAL INDEX TO 
THE GOVERNMENT OF COUNTIES. 

(Page 221 to Page 233). 

CONSOLIDATION OF OFFICERS—Continued. Page 

Sec. 4018. Consolidated Offices, How Separated .223 

Separation of Offices authorized by Supervisors .223 

Sec. 4019. Consolidated Offices, Officers filling, Duty of.223 

Bond Required .223 

Compensation . 223 

Oath of Office ....<.........223 

Sec. 4020. Election to fill Offices not Consolidated.223 

How Conducted ^.223 

ELECTION AND QUALIFICATION OF OFFICERS.224 

Sec. 4021. Election of County and Township officers .224 

Charter, Officers, Where County Charter Adopted.224 

County Officers, When Elected . 224 

Election of Officers, time of .224 

Special Charters, How to Govern ....224 

Supervisors, When Elected .224 

Time of Taking Office .224 

Sec. 4021a. Election for Recall of Officers of County or Subdivision.224 

All Elective Officers subject to Recall .224 

Additional Clerical Help for Examining Petitions, 

Duty of Supervisors .225 

Ballot, Contents of . 226 

County Clerk to Examine Registration Records, within 

Ten Days from Date of Filing Petition .225 

Duty of County Clerk.=....224 

Supervisors . 225 

Election, When Held and How Conducted .226 

Failure of Successful Officer to Qualify, Effect of.227 

In case Clerk if Officer sought to be recalled, 

Proceedings on .225 

Irregularity does not affect Proceedings.226 

Insufficiency in Petitions may be supplemented within 

Ten Days by Filing Additional Papers .225 

More than otie Official may be recalled at Same Time—.226' 
Name of Person against whom Petition is Filed not 

to Appear on Ballot ...._.226 

Nomination for Office, How Prescribed .226 

One Petition is sufficient to Propose Removal of 

more than One Official .226 

Petition, Filing of ...224 

Recall of Elective Officers in Counties .224 

Petition for . 224 

Election for, How Called.224 

Removal of Elective Officers in Counties.224 

Petition for .224 

Election for, How Called....224 

Sample Ballot, not to contain more than 200 Words.226 

Vacancy Pending Proceedings, Effect of .227 

Sec. 4022. Official Bonds of County Officers .227 

All Official Bonds to be Recorded in the Office of 

County Recorder . 227 

Bond, Official . 227 

Bonds, Official, by Whom Required ...227 

Of County Officers to be Filed with County 

Clerk .:.227 

Of Supervisors, Amount of to be Prescribed 
by Judges of Superior Court, Time of.227 















































SUPPLEMENTAL INDEX TO 
THE GOVERNMENT OF COUNTIES. 

(Page 221 to Page 233). 

ELECTION AND QUALIFICATION OF OFFICERS—Continued. Page 

Duty of Board of Supervisors .227 

Official Bond of County Clerk to be Filed in the 

Office of County Treasurer .227 

Signing, Filing and Recording of.227 

Sec. 4023. Eligibility to County, District, or Township Office...227 

Must be twenty-one Years of Age .227 

Of Women as Candidate for County Superintendent 
of Schools at Primary Elections, See 11 Direct 

Primary Law” page 255 .227 

Of Women to Office of School Trustees, See also, Sec. 

1593, page 180 ...:.227 

Other Qualifications Necessary . 227 

Qualifications Necessary to Hold Office .227 

Sec. 4024. Appointment of Deputies ..228 

Appointment to be made in Writing and Filed 

in the Office of County Clerk .228 

Number of Deputies that may be Appointed .228 

Oath of Office . 228 

What Officers may Appoint .228 

Sec. 4025. Election Supplies, Indexes, by Whom Provided .228 

Provided by Board of Supervisors .228 

Supervisors, to Provide Registers, Blanks, Etc.228 

Sec. 4026. Certificates of Elections.228 

Of Elections Must be Issued by County Clerk to 
all Persons Elected in County, Township, or 

District Office .228 

Supervisors Must Canvass Returns .228 

Transmittal of ...228 

LEGISLATIVE DEPARTMENT—BOARD OF SUPERVISORS, 

PERMANENT POWERS OF ..........228 

Sec. 4027. Board of Supervisors, How Constituted and Known.228 

Organization and Tenure of ...228 

When Elected and Term of Office, Number of ...228 

Sec. 4028. Members of Board of Supervisors, Qualifications of.228 

How Elected ....:...,.228 

Must Reside in District, How Long.228 

Sec. 4029. Supervisorial District, How Changed.229 

Boundaries Not to Be Changed as to Affect Term 

of Office of Supervisors .229 

Districts to be as nearly equal in Population as 

may be ...-.229 

Not to be changed within 90 Days Preceeding 
General Election . 229 

Sec. 4030 Vacancy in Office of Supervisors...229 

Election to fill, When Held .229 

To be filled by Governor .229 

Sec. 4041. General Powers of Supervisors .- .229 

To Divide Counties into Election Districts.229 

School Districts .229 

Sanitary Districts.229 

Supervisorial Districts.229 

Township Districts.229 

Other Districts Required 
‘by Law.229 












































SUPPLEMENTAL INDEX TO 
THE GOVERNMENT OF COUNTIES. 

(Page 221 to Page 233). 


LEGISLATIVE DEPARTMENT—Continued. Page 

To appoint Inspectors of Election .229 

Judges of Election .229 

Canvass Election Returns .229 

Call Special Elections to incur Bonded 

Indebtedness .....229 

Call Special Elections to Levy Taxes.230 

Declare Results of Election .229 

Establish, abolish, and change Election Precincts....229 

Pill, by Appointment, What Offices. 230 

Order County Clerk to issue Certificates of. 

Election ...,.229 

Not to establish or abolish or change Boundaries 
of Election Precincts within 90 Days prior to 
any Election . 229 

ORDINANCES .230 

Sec. 4058. County Ordinances, Establishment of.230 

Affidavit to Petition . 230 

Any Number of Proposed Ordinances may be 

voted upon at same Election ....232 

Ballot, What to Contain .231 

Copy of Ordinance to be mailed to Voter in 

Envelope with Sample Ballot .232 

County Clerk to Examine Records of 

Registration .231 

Direct Legislation for, including Initiative 

and Referendum . 230 

Election under Initiative Proceedings 

Petition for .230 

Election on, to be Called by Supervisors (b).231 

Enacting Clause of Ordinance, Form of .233 

How Enacted on Petition ..230 

Initiative Powers of Electors .230 

Ordinances, in Counties .230 

Ordinance, when to take Effect .233 

Ordinances to be Submitted to Elections by 

People, When .231 

Ordinances, may be proposed by Initiative 

Procedure . 232 

Petition for . 230 

Petitions, Signers to, what to State....230 

Repeal of Adopted Ordinance .233 

Referendum, Election under .232 

Ordinances, Procedure .230 

Provisions of Law relating to, 

to be liberally construed.233 

Supervisors, Duties relative to proposed 

Ordinance .230 

Signatures to Petitions need not all be 

appended to one Paper .230 

Supplemental Petitions, Time of Examining.231 

Supervisors to call Special Elections.,..231 

Sample Ballots, what to contain, Number of 

Words Allowed .231 

Special Election, When may be called, and 

How conducted .233 

When Ordinances Adopted at same Election 

Conflict, Procedure on . 232 










































POLITICAL CODE. 


221 


year after the passage of this act. If upon the trial of any such 
action it be determined by the court: 

1. That trustees have not been elected for said corporation 
within five years prior to the passage of this act; 

2. That the trustees have not within five years prior to the 
passage of this act exercised any of the powers of a corporation, 
or performed any of the duties of trustees; 

3. That the corporation is not in debt, or if in debt, that all 
claims are barred by the statute of limitations, the court shall 
then enter a decree dissolving the corporation, or make such fur¬ 
ther order as may be deemed necessary to protect the rights of all 
parties interested. 


PART IV. 

OF THE GOVERNMENT OF COUNTIES, CITIES AND 

TOWNS. 


TITLE I. 

CHAPTER II. 

GENERAL PROVISIONS RELATING TO COUNTIES. 

Sec. 3976. Removal of County Seat, Election for. Whenever 
there shall be presented to the Board of Supervisors of any 
county a petition signed by the qualified electors of such county 
in number equal to a majority of the votes cast at the pre¬ 
ceding general election, praying for the submission of the 
question of the removal of the county seat of such county, it 
shall be the duty of such board, by due proclamation, to 
submit the question of such removal thereof to the qualified 
electors of such county at the next general election. 
Citations: Cal. 48-158; 49-565; 51-339. 

Sec. 3979. Election, notice of; how held and conducted. 
Notice of such election, clearly stating the object, shall be 
given, and the election must be held and conducted, and the 
returns made in all respects in the manner prescribed by law 
in regard to elections for county officers. 

Sec. 3980. Voter to vote for Place he Prefers. In voting on 
the question, each elector must vote for the place in the 
county which he prefers as the seat of justice, plainly desig¬ 
nating it in his ballot. 

Sec. 3981. Notice of Result of Election. When the returns 
have been received and compared, and the results ascertained 
by the board, if two-thirds of the qualified voters of the county 
voting on the proposition shall vote in favor of removal, 
and in favor of any particular place, the board shall so declare 
on its minutes, and give notice of the result by posting notices 
thereof in all the election precincts of the county. 




222 


CALIFORNIA ELECTION LAWS. 


Who are. 


Population 
township, 
how deter¬ 
mined. 


Sec. 3984. Second Election, not to be Held within Four 
Years. When the election has been held and two-thirds of the 
votes are not cast for some other place than that fixed by 
law as the former county seat, no second election for the re¬ 
moval thereof must be held within four years thereafter. 

Citations: Cal. 48-158. 

Sec. 3985. County Seat, subsequent Removal of. When the 
county seat of a county has been once removed by a popular 
vote of the county, it may be again removed from time to 
time, in the manner provided by this chapter; but no election 
must be ordered to affect any such subsequent removal, unless 
a petition praying for an election is signed by qualified 
electors of the county, equal in number to at least three fourths 
of all the votes cast at the next preceding general election. 

Citations: Cal. 48-159. 


TITLE II. 

THE GOVERNMENT OF COUNTIES. 


CHAPTER III. 

CLASSIFICATION AND ELECTION OF OFFICERS. 
ARTICLE II. 

TOWNSHIP OFFICERS. 

Sec. 4014. Township Officers. The officers of a township 
are, two justices of the peace, two constables, and such sub¬ 
ordinate officers as are provided by law. In townships con¬ 
taining cities, or parts of cities, of the second, third, fourth, 
or fifth class, in which city justices or recorders are elected or 
appointed, there shall be but one justice of the peace, and in 
townships having a population of less than seven thousand 
seven hundred fifty, there shall be but one justice of the peace 
and one constable; provided, however, that in townships con¬ 
taining cities of the first and one-half class there shall be four 
justices of the peace and four constables. For the purpose of 
this section, the population of townships in the State of Cali¬ 
fornia is hereby determined to be the population of such town¬ 
ships as shown by the federal census taken in the year A. D. 
nineteen hundred and ten, or by a subsequent census taken as 
in Section 4055 of this code provided. 

Provided, however, that appointments to fill any additional 
offices created by this section shall not be made by the 
Board of Supervisors except upon the presentation of a 
petition therefor to said board, signed by not less than forty 
per cent of the qualified electors residents of such townships, 




POLITICAL CODE. 


223 


whose names appear upon the great register of the county at 
the last general election. 

Sec. 4015. Supervisors Shall divide County into Township. 

The Board of Supervisors of each county, as public convenience 
may require, shall divide their respective counties into town¬ 
ships for the purpose of electing justices of the peace and con¬ 
stable ; provided, however, that in the establishment of town¬ 
ships that may be hereafter established no incorporated city 
shall be divided so as to lie partly within one township and 
partly within another. 


ARTICLE III. 

CONSOLIDATION OF OFFICERS. 

(Amendment approved May 22, 1913; in effect August 10, 1913.) 

Sec. 4017. Consolidation of County Officers. In counties 
where the Board of Supervisors by proper ordinance so elect, 
except as otherwise provided in this title, the duties of certain 
of the offices mentioned in section four thousand thirteen are 
hereby consolidated as follows: sheriff and tax collector; 
auditor and recorder; county clerk, auditor and recorder; 
county clerk and recorder; county clerk and auditor; treasurer 
and tax collector; treasurer and recorder; assessor and tax 
collector; public administrator and coroner; district attorney 
and coroner; sheriff and public administrator. 

Sec. 4018. Consolidated Officers, How Separated. In coun¬ 
ties where the duties of said officers have been, or may here¬ 
after be, consolidated in any manner designated in the pre¬ 
ceding section, the Board of Supervisors thereof, by proper 
ordinance, may elect to separate the duties so consolidated, 
and reconsolidate them in any other manner above provided, 
or may separate said duties without reconsolidation, and provide 
that the duties of each office shall be performed by a separate 
person, whenever, in their discretion, the public interest will 
be best subserved thereby. 

Sec. 4019. Officer filling Consolidated Offices, Duty of. 

When offices are united and consolidated, the person elected 
to fill the offices so united and consolidated must take the 
oath and give the bond required for each, discharge all the 
duties pertaining to each, and receive the compensation of 
the offices consolidated. 

Sec. 4020. Each Office filled by an Election, When. When 
there is an omission by the Board of Supervisors to con¬ 
solidate and to advertise the consolidation of offices as in this 
article authorized, each office not so consolidated must be 
filled by an election or an appointment in the manner pro¬ 
vided by law. 


To elect 
justices of 
peace and 
constables. 


Names of 
officials. 



Time of 
taking office. 


Supervisors, 
when elected. 


Special 

charters. 


Petition 
demanding 
election of 
successor. 


224 CALIFORNIA ELECTION LAWS. 

ARTICLE IV. 

ELECTION FOR AND QUALIFICATION OF OFFICERS. 

(Amendment approved Junt 16, 1913; in effect August 10, 1913.) 

Sec. 4021. Election of County and Township Officers. All 

elective county and township officers, except otherwise pro¬ 
vided for in this title and by law, shall be elected at the gen¬ 
eral election at which the governor is elected, and shall take 
office at twelve o’clock meridian on the first Monday after 
the first day of January next succeeding their election. All 
officers elected under the provisions of this title shall hold 
office until their successors are elected or appointed and 
qualified. Supervisors shall be elected at the general election 
prior to expiration of the term of the incumbent. The super¬ 
visors of any county created after the first day of July, nine¬ 
teen hundred and seven, shall, within six months after the first 
general election succeeding the creation of such county, classify 
themselves by lot into two classes, as nearly equal in number 
as possible, and the term of office of the class having the 
greater number shall expire in two years from such general 
election, and the term of office of the class having the lesser 
number shall terminate in four years from such general elec¬ 
tion ; provided, that whenever any county has heretofore 
framed and adopted a charter for its own government, under 
the provisions of Section 7j4 of Article XI of the Constitution 
of this State, and such charter has been heretofore approved 
by the legislature, as provided in said section of the consti¬ 
tution, and such charter shall provide for the appointment of 
all or any of such county or township officers, then such 
officers first to be appointed under the provisions of such 
charter shall be deemed the successors of the like elective 
officers in office at the time of the approval of such charter, 
which elective officers shall continue to hold office for the 
term for which they were elected and until the appointment 
and qualification of their successors under such charter; and no 
election for any such officer whose successor is so to be ap¬ 
pointed shall be had at any election held subsequent to the 
approval of such charter, except to fill a vacancy for an un¬ 
expired term. 

Sec. 4021a. Recall of officers of counties or subdivisions 
thereof. The holder of any elective office of any county or of 
any township or supervisor district thereof, may be removed or 
recalled at any time by the electors; provided, he has held his 
office at least six months. The provisions of this section are 
intended to apply to officials now in office, as well as to those 
hereafter elected. The procedure to effect such removal or recall 
shall be as follows: A petition demanding the election of a 
successor to the person sought to be removed shall be filed with 
the county clerk, which petition shall be signed by registered 
voters equal in number to at least twenty per cent of the entire 


POLITICAL CODE. 


225 


vote cast within such county for all candidates for the office 
which the incumbent, sought to be removed, occupies at the last 
preceding general election at which such officer was voted for 
(or a like percentage of such vote within those precincts of the 
county embraced within the district, township or subdivision of 
the county entitled to vote for a successor to the officer named, 
in case of an official not elected by the county at large), and shall 
contain a statement of the grounds on which the removal or 
recall is sought, which statement is intended solely for the in¬ 
formation of the electors. Any insufficiency of form or substance 
in such statement shall in nowise affect the validity of the elec¬ 
tion and proceedings held thereunder. The signatures to the 
petition need not all be appended to one paper. Each signer 
shall add to his signature his place of residence and occupation, 
giving street and number, where such street and number, or 
either, exist, and if no street or number exist, then such a desig¬ 
nation of the place of residence as will enable the location to be 
readily ascertained. Each such separate paper shall have at¬ 
tached thereto an affidavit made by a qualified elector of the 
county (or particular subdivision of the county, as the case may 
be) and sworn to before an officer competent to administer oaths, 
stating that the affiant circulated that particular paper and saw 
written the signatures appended thereto; and that according to 
the best information and belief of the affiant, each is the genuine 
signature of the person whose name purports to be thereunto sub¬ 
scribed and of a qualified elector of the county (or particular 
subdivision thereof). Within ten days from the date of filing 
such petition, the clerk shall examine and from the records of 
registration ascertain whether or not said petition is signed by 
the requisite number of qualified electors, and he shall attach to 
said petition his certificate showing the result of said examina¬ 
tion. If by the clerk’s certificate the petition is shown to be in¬ 
sufficient, it may be supplemented within ten days from the date 
of such certificate, by the filing of additional papers, duplicates 
of the original petition except as to the names signed. The clerk 
shall, within ten days after such supplementing papers are filed, 
make like examination of the supplementing petition, and if his 
certificate shall show that all the names to such petition, includ¬ 
ing the supplemental papers, are still insufficient, no action shall 
be taken thereon; but the petition shall remain on file as a public 
record; and the failure to secure sufficient names shall be with¬ 
out prejudice to the filing later of an entirely new petition to the 
same effect. If required by the clerk, the board of supervisors 
shall authorize him to employ, and shall provide for the compen¬ 
sation of, persons necessary in the examination of said petition 
and supplementing petitions, all im addition to the persons reg¬ 
ularly employed by him in his office. In case the clerk is the 
officer sought to be recalled, the duties herein provided to be per¬ 
formed by him shall be performed by some other person desig¬ 
nated by said board for that purpose. If the petition shall be 
found to be sufficient, the clerk shall submit the same to the 


Examination 
by clerk. 


Supplemental 

petition. 


226 


CALIFORNIA ELECTION LAWS. 


Election. 


Nominations. 


Ballot to 
contain not 
more than 
two hundred 
words. 


Contents of 
ballot. 


Name of 
person against 
whom petition 
is filed not 
to appear on 
ballot. 


Successor to 

officer 

removed. 


board of supervisors without delay, whereupon the board shall 
forthwith cause a special election to be held within not less than 
thirty-five nor more than forty days after the date of the order 
calling such election, to determine whether the voters will recall 
such officer; provided, that if a general election is to occur within 
sixty days from the date of the order calling such election, the 
board may, in its discretion, postpone the holding of such election 
to such general election or submit such recall election at any such 
general election occurring not less than thirty-five days after 
such order. If a vacancy occur in said office after a recall peti¬ 
tion is filed, the election shall nevertheless proceed as in this sec¬ 
tion provided. One petition is sufficient to propose the removal 
and election of one or more elective officials. One election is 
competent for the removal and election of one or more elective 
officials. Nominations for any office under such recall election 
shall be made by petition in the manner prescribed by section 
1188 of this code; except that no party affiliation of candidate, 
signer or verification deputy shall be given, nor shall the elec¬ 
tion as a convention delegate or participation in a primary elec¬ 
tion be any bar to signing such petition. Upon the sample ballot 
there shall be printed in not more than two hundred words the 
reasons set forth in the recall petition for demanding the recall 
of the officer, and upon the same ballot in not more than two 
hundred words, the officer may justify his course in office. 

There shall be printed on the recall ballot, as to every officer 
whose recall is to be voted on thereat, the following question: 
“Shall (name of person against whom the recall petition is 
filed) be recalled from the office of (title of the office) ?” follow¬ 
ing which question shall be the words “Yes” and “No” on sep¬ 
arate lines, with a blank space at the right of each, in which the 
voter shall indicate, by stamping a cross (X), his vote for or 
against such recall. On such ballots, under each such question, 
there shall also be printed the names of those persons who have 
been nominated in the manner provided by law for the nomina¬ 
tion of candidates for such office as candidates to succeed the 
person recalled, in case he shall be removed from office by said 
recall election; but no vote cast shall be counted for any candi¬ 
date for said office unless the voter also voted on said question of 
the recall of the person sought to be recalled from said office. 
The name of the person against whom the petition is filed shall 
not appear on the ballot as a candidate for the office. If a major¬ 
ity of those voting on said question of the recall of any incumbent 
from office shall vote “No,” said incumbent shall continue in said 
office. If a majority shall vote “Yes,” said incumbent shall there¬ 
upon be deemed removed from office, upon the qualification of 
his successor. The canvassers shall canvass all votes for candi¬ 
dates for said office and declare the result in like manner as in a 
regular election. If the vote at any such recall election shall 
recall the officer, then the candidate who has received the high¬ 
est number of votes for the office shall be thereby declared 
elected for the remainder of the term. In case the person who 


POLITICAL CODE. 


227 


received the highest number of votes shall fail to qualify within 
ten days after receiving the certificate of election, the office shall 
be deemed vacant and shall be filled according to law. Where Duty of 
the office of registrar of voters exists, the duties herein imposed voters™ 1 ° f 
upon the county clerk shall be performed by said registrar of 
voters. 

Sec. 4022. Official Bonds. The Board of Supervisors of 
each county shall, on or before the first Monday in September, 
preceding the election of the following officers, prescribe the 
amount in which said officers must execute official bonds: 
Treasurer, county clerk, auditor, sheriff, tax collector, district 
attorney, recorder, assessor, surveyor, superintendent of schools, 
public administrator, coroner, justice of the peace, and con¬ 
stable. The judge or judges of the superior court shall, on or 
before the said first Monday of September, prescribe the ^®J ted 
amount in which each member of the Board of Supervisors must 
execute an official bond before entering upon the discharge 
of the duties of his office. The bonds and sureties of such 
officers must, before the bonds can be recorded and filed, be 
approved by the judge, or judges, if there be more than one, 
of the superior court. All persons offered as sureties on official 
bonds may be examined on oath touching their qualifications, 
and no person can be admitted as surety on any such bond un¬ 
less he is a resident and freeholder or householder within 
the State, and is worth in real or personal property, or both, 
situate in this State, the amount of his undertaking, over and 
above all sums for which he is already liable, exclusive of 
property exempt from execution and forced sale. All official 
bonds shall be recorded in the office of the county recorder, Recorded by 
and then filed and kept in the office of the county clerk. Reorder. 
The official bond of the county clerk shall, after being recorded, 
be filed and kept in the office of the county treasurer. The 
tax collector shall also before qualifying give a bond as license- 
collector in such sum as may be fixed by the Board of Super¬ 
visors, to be approved as provided in this section. 

Citations: Cal. 56-3, 105; 64-89. 

Sec. 4023. Eligibility to County and Local Offices. No per¬ 
son is eligible to a county, district, or township office, who, 
at the time of his election, is not of the age of twenty-one 
years, or over, a citizen of the State, and an elector of the 
county, district, township, or other division, in which the 
duties of the office are to be exercised; provided, that no 
person shall hereafter be eligible to the office of district at¬ 
torney who has not been admitted to practice in the supreme 
court of the State of California; and provided further, that 
the county live stock inspector shall, at the time of his appoint¬ 
ment, be a duly qualified veterinary surgeon having on file in 
the office of the county clerk a certificate issued to him by 
the State Veterinary Medical Board. 

Note: For eligibility of women to office of school trustee, see, also, Pol. C.. Sec. 

1593. as amended April 22, 1913. For eligibility of women as candidates for office of 
county superintendent of schools at primary elections, see “Direct Primary Law, 1913.’’ 


228 


CALIFORNIA ELECTION LAWS. 


Must be 
in writing. 


Board must 
provide 
appliances 
for holding 
elections. 


Certificate 
issued to 
persons 
elected. 


When elected, 
term of 
office, etc. 


Sec. 4024. Appointment of Deputies. Every county, town¬ 
ship, or district officer, except a supervisor or judicial officer, 
may appoint as many deputies as may be necessary for the 
prompt and faithful discharge of the duties of his office. Such 
appointment must be made in writing, and filed in the office of 
the county clerk; and until such appointment is so made and 
filed, and until such deputy shall have taken the oath of office, 
no one shall be or act as such deputy. 

Citations : Cal. 56-3, 105 ; 58-565 ; 62-563. 

Sec. 4025. Registers, Indexes, Etc. The board must pro¬ 
vide the registers required by law and printed copies of the 
indexes, poll-lists, poll-books, blank returns and certificates, 
proclamations of elections, and other appropriate and necessary 
appliances for holding all elections in the county, and allow 
reasonable charges therefor, and for the transmission and re¬ 
turn of the same to the proper officers. 

Citations: Cal. 56-3; 64-89; 65-112. 

Sec. 4026. Canvass of Elections. Whenever, as canvassers, 
the Board of Supervisors have declared the result of an election 
held in the county, certificates must be, by the county clerk, 
issued to all persons elected to a county, township, or district 
office therein, and such other certificates must be made out 
and transmitted as required by law. 

Citations: Cal. 56-3. 


CHAPTER IV. 

LEGISLATIVE DEPARTMENT. 


ARTICLE I. 

THE BOARD OF SUPERVISORS. 

Sec. 4027. How Constituted and Known. Each county must 
have a Board of Supervisors consisting of five members, not 
more than three of whom shall be elected at the same general 
election. If in any county the terms of office of more than 
three of the Board of Supervisors expire at the same time, 
such members shall at the first regular meeting after the first 
day of January following the next election of such members, 
so classify themselves by lot that not more than three members 
so elected shall serve for four years, and two for the term of 
two years. Thereafter the term of office of each member shall 
be four years. 

Sec. 4028. Members, Qualifications of. Each member of the 
Board of Supervisors must be an elector of the district which 
he represents, must reside therein during his incumbency, 
must have been such elector for at least one year immediately 
preceding his election, and shall be elected by such district, and 




POLITICAL CODE. 


229 


not at large; provided, that in any county or city and county 
in which supervisorial districts have not been established by 
law or ordinance, and in which supervisors are now required 
to be elected at large, but from particular wards, the members 
of the Board of Supervisors shall be elected at large and with¬ 
out regard to residence. 

Sec. 4029. Supervisorial District, How Changed. The Board 
of Supervisors may, by a two-thirds vote of the members of 
said board, change the boundaries of any or all of the super¬ 
visor districts of a county. Said districts shall be as nearly 
equal in population as may be. The boundaries of no super¬ 
visor district shall at any time be changed in such manner as 
to affect the term of office of any supervisor who has been 
elected, and whose term of office has not expired. No change 
in the boundaries of any supervisor district shall be made 
within ninety days next preceding a general election. 

Sec. 4030. Vacancy in Office of Supervisor. Whenever a 
vacancy occurs in the Board of Supervisors of a county, the 
governor shall fill the vacancy, and the appointee shall hold 
office until the election and qualification of his successor. In 
such case the election of a supervisor shall be held at the next 
general election to fill the vacancy for the unexpired term, 
unless such term expires on the first Monday after the first 
day of January succeeding said election. 


ARTICLE IV. 

GENERAL PERMANENT POWERS. 

Sec. 4041. General Powers of the Boards. The Boards of 
Supervisors, in their respective counties, shall have jurisdiction 
and power under such limitations and restrictions as are pre¬ 
scribed by law: 

* * * * 

2. To divide the counties into townships, election, school, 
road, supervisor, sanitary, and other districts required by law, 
change the same and create others, as convenience requires. 

3. To establish, abolish, and change election precincts, and 
to appoint inspectors, clerks and judges of election, canvass 
all election returns, declare the result, and order the County 
Clerk to issue certificates thereof ; provided, that no election pre¬ 
cinct shall be established or abolished, or the boundaries of any 
precinct changed, within ninety days prior to any election. 

4. To acquire and take by purchase, condemnation or other¬ 
wise land for the uses and purposes of public roads, highways, 
boulevards, turnpikes, and other public ways, and to lay out, 
maintain, control, construct, repair, and manage public roads, 
boulevards, highways, turnpikes and other public ways, and to 
incur a bonded indebtedness for any such purposes; provided, 
that no such indebtedness shall be incurred ior any of such pur- 


Not to be 
changed 
within ninety 
days preced¬ 
ing general 
election. 


Election for, 
when held. 


To divide 
counties into 
election 
districts. 

To change 
election pre¬ 
cincts, 
appoint 
inspectors, 
clerks, 
judges, etc. 



Appointments. 


Initiative 
ordinances 
proposed by 
electors. 


Clerk to 
examine 
records of 
registration. 


230 ? CALIFORNIA ELECTION LAWS. 

poses until after the question of the issue of bonds therefor 
shall have been submitted to the qualified electors of the 
county, at a special election called for that purpose, and two- 
thirds of the electors of the county voting at such election 
shall have voted in favor of issuing such bonds; said election 
to be called and held and said bonds, if authorized, to be issued, 
sold and made payable in the manner and form prescribed by 
Section 4088 of this code. Said boards shall also have power 
to make and enforce rules and regulations for the protection, 
management, control and use of such public boulevards, roads, 
highways, turnpikes and other public ways. 

13. To levy taxes upon the taxable property of their re¬ 
spective counties for all county purposes, and also upon the 
taxable property of any district, for the construction and re¬ 
pair of roads and highways and other district purposes; pro¬ 
vided, that no tax shall be levied upon any district until the 
proposition to levy the same has been submitted to the qualified 
electors of such district and received a majority of all the legal 
votes cast upon such proposition. 

19. To fill, by appointment, all vacancies that may occur in 
any office filled by the appointment of the Board of Supervisors 
and elective county or township officers, except in those of 
judge of the superior court and supervisor, the appointee to 
hold office for the unexpired term or until the next general 
election. 


ARTICLE VI. 

ORDINANCES. 

(New section approved April 3, 1911.) 

Sec. 4058. County Ordinances May Be Enacted on Petition. 

Ordinances may also be enacted by and for any county of 
the state in the manner following: Any proposed ordinance 
may be submitted to the Board of Supervisors by a petition 
filed with the County Clerk after being signed by qualified 
electors of the county not less in number than the percentages 
hereinafter required. The signatures to the petition need not 
all be appended to one paper. Each signer shall add to his 
signature his place of residence and occupation, giving street 
and number, where such street and number, or either exist, 
and if no street and number exist, then such a designation of 
the place of residence as will enable the location to be readily 
ascertained. Each such separate paper shall have attached 
thereto an affidavit made by an elector of the county and sworn 
to before an officer competent to administer oaths, stating that 
the affiant circulated that particular paper and saw written 
the signatures appended thereto; and that according to the best 
information and belief of the affiant each is the genuine signa¬ 
ture of the person whose name purports to be thereunto sub¬ 
scribed, and of a qualified elector of the county. Within ten 



POLITICAL CODE. 


231 


days from the date of filing such petition the County Clerk 
shall examine and from the records of registration ascertain 
whether or not said petition is signed by the requisite number 
of qualified electors, and he shall attach to said petition his 
certificate showing the result of said examination. If by the 
clerk’s certificate the petition is shown to be insufficient, it 
may be supplemented within ten days from the date of such 
certificate by the filing of additional papers duplicates, of the’ 
original petition except as to the names signed. The clerk 
shall, within ten days after such supplementing papers are 
filed, make like examination of the supplementing petition, 
and if his certificate shall show that all the names to such 
petition, including the supplemental papers are still insufficient, 
no action on the petition shall be mandatory on the Board of 
Supervisors; but the petition shall remain on file as a public 
record; and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely new peti¬ 
tion to the same or similar effect. If the petition shall be 
found to be sufficient, the clerk shall submit the same to the 
Board of Supervisors at its next regular session. 

If the petition accompanying the proposed ordinance be 
signed by electors not less in number than twenty per cqnt of 
the entire vote cast within such county for all candidates for 
governor of the state at the last preceding general election at 
which such governor was voted for, and contains a request 
that such ordinance be submitted forthwith to a vote of the peo¬ 
ple at a special election, then the Board of Supervisors shall 
either: 

(a) Pass such ordinance without alteration at the regular 
session at which it is presented and within ten days after it is 
presented; or, 

(b) Forthwith the supervisors shall proceed to call a special 
election at which such ordinance, without alteration, shall be 
submitted to a vote of the electors of the county. 

If the petition be- signed by electors not less in number than 
ten per cent of the entire vote cast for all candidates for 
governor at the last preceding election when such candidates 
for governor were voted for, and the ordinance petitioned for 
is not required to be, or for any reason is not, submitted to 
the electors at a special election, and is not passed without 
change by said legislative body, then such ordinance, without 
alteration, shall be submitted by the Board of Supervisors to 
a vote of the electors at the next general election. 

The ballots used when voting upon said proposed ordinances 
shall have printed thereon the words “Shall the ordinance 
(stating the nature thereof) be adopted?” Opposite such 
proposition to be voted on, and to the right thereof, the words 
“Yes” and “No” shall be printed on separate lines, with voting 
squares. If an elector shall stamp a cross (X) in the voting 
square after the printed word “Yes,” his vote shall be counted 


If petition 
contains 20 
per cent of 
electors. 


Supervisors 
may pass. 


May call 

special 

election. 


If petition 
contains less 
than 10 
per cent. 


Ballot, what 
to contain. 


232 


CALIFORNIA ELECTION LAWS. 


If majority 
-favors. 


Ordinance 
repealed onlv 
by vote of 
people. 


Number that 
may be 
voted for. 


Written argu¬ 
ment of 
petitioners. 


If ordinances 
conflict. 


Proposition 
to repeal. 


Copy of ordi¬ 
nance to be 
mailed to 
voters with 
sample ballot. 


in favor of the adoption of the ordinance, and if he shall stamp 
a cross (X) in the voting square after the printed word “No,” 
his vote shall be counted against the adoption of the same. 

If a majority of the qualified electors voting on said proposed 
ordinance shall vote in favor thereof, such ordinance shall 
thereupon become a valid and binding ordinance of the county 
and be considered as adopted upon the date that the vote is 
canvassed and declared by the Board of Supervisors and go into 
effect ten days thereafter. 

Such ordinance shall have the same force and effect as one 
passed by the Board of Supervisors, except that no ordinance 
proposed by petition as in this section provided and thereafter 
passed either by the vote of the Board of Supervisors without 
submission to a vote of the people or voted upon and adopted 
by the people, shall be repealed or amended except by a vote 
of the people, unless provision otherwise be made in the 
ordinance itself. 

Any number of proposed ordinances may be voted upon at 
the same election in accordance with the provisions of this 
section; provided, that there shall not be held under this section 
more than one special election in any period of six months. 

If any measure be submitted upon an initiative petition of 
registered voters, as hereinbefore provided, the persons filing 
said petition shall have the right, if they so choose, to present 
and file therewith a written argument in support thereof not 
exceeding three hundred words in length, which argument shall 
be printed upon the sample ballot issued for said election. 
Upon the same ballot shall also be printed any argument of 
not exceeding three hundred words in length in opposition 
thereto which may be prepared by the Board of Supervisors. 
If the provisions of two or more ordinances adopted at the 
same election conflict, then the ordinance receiving the highest 
number of affirmative votes shall control. 

The Board of Supervisors may submit to the people, without 
a petition therefor, a proposition for the repeal of any adopted 
ordinance or for amendments thereto or for the enactment of 
any new ordinance to be voted upon at any succeeding gen¬ 
eral or special election, and if such proposition so submitted 
receive a majority of the votes cast thereon at such election, 
sucn ordinance shall be repealed, amended or enacted accord- 
ingly. 

Whenever any ordinance or proposition is required by this 
section to be submitted to the voters of a county at any election 
the County Clerk shall cause the ordinance or proposition to 
be printed, and he shall mail a printed copy thereof, enclosed 
in an envelope, with a sample ballot to each voter, at least 
ten days prior to the election. Notice of the election shall be 
given by the Board of Supervisors by publication in some news¬ 
paper of general circulation throughout the county, to be 
designated by such board, for at least two weeks before the 


POLITICAL CODE. 


233 


election. All the provisions of this section are to be liberally 
construed for the purpose of ascertaining and enforcing the 
will of the electors. 

The enacting clause of an ordinance passed by the vote of 
the electors shall be substantially in the following form: 

“The people of the county of . do ordain 

as follows 

When a special election is to be called under the terms of 
this section it shall be held not less than thirty nor more than 
sixty days after the date of the presentation of the proposed 
ordinance to the Board of Supervisors, and shall be held as 
nearly as may be in accordance with the election laws of the 
state; provided, however, that, to avoid holding more than 
one such election within any six months, the date for holding 
such special election may be fixed later than such sixty days, 
but at as early a date as practicable after the expiration of 
such six months; provided, further, that when under any of the 
terms of this statute fixing the time within which a special 
election shall be held it is made possible to hold the same 
within six months prior to a general election, the Board of 
Supervisors may, in its discretion, submit the proposed ordi¬ 
nance at such general election instead of at a special election. 
Except an ordinance calling or otherwise relating to an election, 
no ordinance passed by the Board of Supervisors except when 
otherwise specially required by the laws of the state, and 
except an ordinance for the immediate preservation of the 
public peace, health or safety, which contains a declaration of, 
and the facts constituting its urgency and is passed by a four- 
fifths vote of the board, and no ordinance granting a franchise 
shall go into effect before thirty days from its final passage; 
and if, during said thirty days, a petition signed by qualified 
electors of the county equal to ten per cent of the entire vote 
cast therein for all candidates for governor of the state at 
the last preceding general election at which a governor was 
voted for, protesting against the passage of such ordinance, 
be presented to the board, the same shall thereupon be sus¬ 
pended from going into operation, and it shall be the duty of 
the board to reconsider such ordinance. If said board shall 
thereupon not entirely repeal said ordinance, it shall submit the 
same to a vote of the electors either at a general election or a 
special election to be called for the purpose, and such ordi¬ 
nance shall not go into effect or become operative unless a 
majority of the voters voting upon the same shall vote in favor 
thereof/ Such petitions and the provisions of the law relative 
to the duty of the clerk in regard thereto and the manner of 
voting thereon, shall conform to the rules provided herein for 
the initiation of legislation by the electors. 

Where the office of registrar of voters exists, the duties 
herein imposed upon the county clerk shall be performed by 
said registrar of voters. (Enacted April 3, 1911; amendment 
approved January 2, 1912; in effect March 24, 1912.) 


Enacting 

clause. 

Special 

election. 


When ordi¬ 
nance goes 
into effect. 


Duty of 
registrar of 
voters. 



234 


CALIFORNIA ELECTION LAWS. 


Time of 
appointment, 
and term of 
office. 


Registration 
of voters to 
be performed 
exclusively 
by registrar. 


REGISTRAR OF VOTERS, APPOINTMENT OF. 

Sec. 4149e. Registrars of voters to be appointed in each 
county. The Board of Supervisors of each county shall ap¬ 
point a registrar of voters who shall serve until twelve o’clock 
m. of the first Monday after the first day of January, 1915, and on 
the first Monday after the first day of January, 1915, and every 
four years thereafter, the Board of Supervisors of each county 
shall appoint a registrar of voters who shall receive the com¬ 
pensation provided by law and shall serve for the period of 
four years. Such registrar of voters shall, before entering 
upon the discharge of his duties, take the oath of office pre¬ 
scribed by law for county officers, and execute a bond in 
such sum as may be required by the Board of Supervisors 
for the faithful and proper discharge of his duties as such 
registrar of voters, said bond to be approved, recorded and 
filed, as provided by law for other county officers. 

Note: We have omitted that portion of Section 4149e that relates to classifications 
of counties and salary. 

Sec. 4149f. Registrars to succeed to certain powers. All 

the powers now or hereafter conferred and the duties now 
or hereafter imposed by law upon county clerks in relation to 
the conduct, management and control of the registration of 
voters and in relation to elections, shall be exercised and per¬ 
formed exclusively by such registrar of voters unless other¬ 
wise provided by law; and all certificates of nomination, nomi¬ 
nation papers or election papers required by law to be filed 
with, or presented to, the county clerk shall be filed with, or 
presented to, the registrar of voters, and the deputies or clerks 
in the office of the registrar of voters, acting under the orders 
of the registrar of voters, or the Election Commission, shall 
have all the powers heretofore exercised by the deputies of the 
county clerk in matters relating to registration and elections; 
provided, however, that until the actual exercise of the duties 
of the office of registrar, under appointment or consolidation, 
the county clerk shall continue to perform the duties now im¬ 
posed on him by law with reference to registration and 
election. (New section approved January 10, 1912.) 


SUPPLEMENTAL INDEX 

TO 

Penal Code 


(Page 235 to Page 245) 



SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE. Page 

Sec. 40. Persons Acting as Election Officers without Appointment.235 

Election, Violation of General Laws relating to..235 

Laws, Violation of .235 

Ballots cast at any Election, Handling of, 
Counting, or Canvassing of by Persons 

not appointed and qualified, Penalty .235 

Felony, what Crimes are declared to be....235 to 245 
Handling, Counting, or Canvassing of Ballots, 
without having been appointed and qualified, 

Penalty . 235 

Officer, Person acting as, without Appointment 

of Qualification, Punishment of.235 

One not an Officer Acting as, is 

Guilty of Felony, Penalty . 235 

Punishment, for Acting as Election Officer with¬ 
out first having been Appointed and qualified 
as such . 235 

Sec. 41. Violation of Election Laws by certain Officers a Felony.235 

Laws relating Generally to Elections.235 

Officers, who act in Violation of Provisions of 

Election Laws, Penalty .235 

Violation of Election Laws, by 

Punishment of .235 

Officer, Fraudulent Acts of, Punishment of.235 

Neglect or Refusal to Act, Punishment of..235 

Punishment, for Violation of Election Laws 

by Officers .235 

For Neglect of Duty as an Election 
Officer . 235 

Sec. 42. Registration, Fraudulent, a Felony .235 

False Registration, Penalty .235 

, Fraudulent Registration a Felony, Penalty.235 

Of Persons who know themselves not to be 

Entitled to such, Punishment.235 

Punishment for Fraudulent Registration .235 

Sec. 42a. Registration, Allowing Fraudulent .235 

False, pemitting or securing by another, 

a Felony ..'.235 

Fraudulent, Punishment .235 

Procuring or Allowing Fraudulent Registration..235 

Punishment for Fraudulent Registration.235 

Causing, Procuring or Allowing 

false Registration .235 

Registering when not Entitled to.235 

Sec. 43. Refusal to be Sworn, or to Answer Questions of Board of 

Judges of Election, a Misdemeanor.235 

Misdemeanors, Persons who refuse to be 
Sworn, or being Sworn, refuse toAnswer 
Questions touching the Right to vote, 

is Guilty of :. 235 

Punishment for Refusal to be Sworn or 

Answer Questions .235 

Registration, Refusal to answer Questions 
before Board of Election Judges, when 
a Misdemeanor .„.235 































SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Sec. 44. Refusal to Obey Summons of Board of Election a Page 

Misdemeanor .235 

Board of Registration, Refusal to 

obey Summons of .235 

Punishment, Refusal to Obey 

Summons . 235 

Summons, Refusal to Obey and 
appear before Board of 

Registration .235 

Sec. 45. Fraudulent Voting, or Interference with Voting.235 

Ballots, tampering with, a Felony.236 

Carrying away or Destroying.236 

Changing, Adding to, Destroying, 
or Mixing other Ballots with 
Ballots lawfully polled, 

a, Felony .. 236 

Fraudulent, introduction of, 

Punishment . v .236 

For Purpose of Invalidating 

Election .236 

Ballot-boxes, interfering with, a Felony....236 
Elections, Officers interfering with, 

a Felony .236 

Poll-lists, Carrying away or Destroying....236 

Punishment, for Fraudulent Voting .235 

Voting without being 

qualified . 235 

Returns, altering by Election Officers, 

Punishment of .236 

Detaining, mutilating, or 

destroying, a Felony .236 

Forging, Counterfeiting, or 

Altering, Penalty .236 

Voters, interfering with, a Felony .236 

Voting, Fraudulent, a Felony. 236 

Without being qualified .235 

Sec. 46. Attempting to Vote when Not Qualified . 236 

Fraudulent voting, Punishment of .236 

Punishment for Fraudulent Voting .236 

Vote, Fraudulent Attempt to, Punishment..236 
Attempt to without being qualified..23.6 
Voting, more than Once at any Election, 

Punishment . .236 

Fraudulent Attempt to, Punish¬ 
ment of .. .233 

Personating or Attempting to 
Personate Voter, .Punishment 

of . 236 

Sec. 47. Illegal Voting, Procuring of .236 

Abetting or Aiding Fraudulent Voting, 

Punishment of .236 

Fraudulent Voting, Punishment of .236 

Influencing Voting . 236 

Punishment for Procuring Illegal Voting .236 

Vote, assisting Person not Qualified, 

Punishment of .236 

. Voting, Persuading Another to vote 

Fraudulently, Punishment of.236 

Procuring Illegal, Punishment of .236 



































SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Page 

Sec. 48. Ballots. Changing or Altering Returns by Election Officers, 

Felonies .236 

Adding to, Punishment of .,.236 

Altering Returns .236 

Counterfeiting Election Returns .236 

Election Officers Changing or Destroying 

Poll-lists, Punishment of ....236 
Changing Ballots, 

Punishment of .~.236 

Election Officers, Changing by, Punishment 

of .236 

Fraudulent Introduction of, Punishment .236 

Mixing with Ballots polled any other 

Ballots, Punishment . 236 

Punishment for or Altering Returns...236 

Of Election Officer for changing 

Ballots .236 

For changing or 
destroying Poll- 

lists .236 

Returns, Alteration of, Punishment .236' 

Altering or Changing Ballots, 

Punishment of .236 

Election Returns, Altering by Election 

Officers, Punishment of . 236 

Sec. 49. Election Officers unfolding or marking Ballots.,.237 

Ballots, Officers marking or unfolding Voted 

Ballots, Punishment of .237 

Unfolding or Marking, Punishment 

for .237 

Fraudulently examining by Election 

Officers^ Punishment for .237 

Unfolding or marking by Inspectors, 

Punishment for .237 

Boards of Election, Unfolding or Marking of 

Tickets by Officers, Punishment of .237 

Inspector, Judge, or Clerk of Election, must 

not unfold or mark Voted Ballots .237 

Officer, Attempting to ascertain Names on 

Ballots, Punishment of .237 

Disclosing Name of Voter, 

Punishment of .237 - 

Disclosing Name of Person Illegally 

Voted, Punishment .237 

Tampering with Ballots, or Poll-lists, 

Punishment of .237- 

Unfolding or marking Ballots 

Punishment of .237 

Who attempts to learn how Person 

has Voted, Punishment of .237 

Marking Ballot by Officer .237 

Punishment for disclosing Name of Voter....237 

Punishment for unfolding or Marking 

Ballots .:.237 

Tickets, Election Inspector must not mark 
or unfold . 237 
































SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Page 

Sec. 49a. Election Officers who cannot read or write, or Refuse to 

Serve .237 

Boards of Election, refusing to Serve on 
when Eligible, 

Punishment .237 

Acting as Member, when 
Ineligible, Punishment of..237 
Election Officer, acting as by one who cannot 
read and write the English Language, 

Punishment of .237 

Punishment for acting as Election Officer 

when ineligible .237 

Punishment for refusing to act as an 

Election Officer, When eligible....237 
For acting as Election Officer by 
one who cannot read and write 

the English Language .237 

Refusal to serve as Election Officer.237 

Sec. 50. Forging or Altering Election Returns ....237 

Counterfeiting Returns from Precincts where no 

Election was held .237 

Punishment, for Forging or Counterfeiting 

Election Returns . 237 

Returns, Forging or Counterfeiting, Punishment of..237 

Sec. 51. Adding to or Substracting from Votes cast .237 

Election Returns forging, counterfeiting, or 

Altering, Punishment for .237 

Punishment for adding to or Substracting from 

Votes cast .237 

Altering Returns . 237 

Returns, forging, counterfeiting, or altering, 

Punishment of .237 

Votes, adding to or substracting from, 

Punishment of .237 

Sec. 52. Persons aiding, Abetting or concealing, guilty of Felony.237 

Aiding and Abetting Offences against 

Election Laws . 237 

Betting on Elections .237 

Punishment for altering Election 

Returns .,....,.237 

Sec. 53. Intimidating, Corrupting, Deceiving, or Defrauding Electors, 

a Felony . 238 

Attempting to bride or Influence Voters by Means 

of Threats .238 

Bribery of Members of Nominating Body, is a 

Felony ...i...238 

Corrupting Electors, a Felony . 238 

Deceiving or Defrauding Electors, a Felony.238 

Election Officers, Bribing, Deceiving, Defrauding, 

Electors, a Felony . 238 

Electors, Intimidating, or Defrauding, a Felony.238 

Punishment for Intimidating or Defrauding 

Voters . 238 

Voters, Influencing by Force, Threats, Menaces, 
Bribery, or other Corrupt Means, a Felony .238 






























SUPPLEMENTAL INDEX TO 


PENAL CODE. 

(Page 235 to Page 245.) 


CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Page 


Sec. 54. Furnishing Money for Elections except for Specific Purposes.... 238 

Bribery at Elections, Punishment of—.238 
Candidates, Bribery by, What 

\ Constitutes ...238 

Offenses by, Enumerated....238 
Punishment of..238 

Circulating Hand-bills .238 

Compensating Persons for Voting, 

Punishment of . 238 

Committee, Illegal Election 

Expenditures by, Defined .238 

Entertainment, Furnishing of for 
Election Purposes, when a 

Misdemeanor .238 

Election, Furnishing Money for, 

when a Misdemeanor . 238 

Furnishing Entertainment or Money 
for Electors, when a Misdemeanor....238 
Furnishing Property for voters, when 

a Misdemeanor .✓..238 

Misdemeanor, Offenses that are 

declared to be .238 

Money, Use of relating to Elections 

when .a Misdemeanor ..238 

Furnishing of for Election 
Purposes, when a 

Misdemeanor ..:. 238 

Property, Furnishing for Election 

Purposes, when a Misdemeanor.238 

Punishment for Bribery at Elections..238 
Furnishing Money or 
Bribery at Elections .238 


Sec. 54a. Receiving or Contracting for Money or Thing of Value 

for Voting or not Voting .238 

Elections, Bribery at, What acts 

are Punishable, Punishment of.239 

Punishment for Bribery at Election..238 
For Receiving Money 
or Thing of V^lue for Voting or 

not Voting .. 238 

Receiving Money, relating to 

Elections, when a Crime.238 

Securing Votes Unlawfully ..238 

Unlawfully Receiving Money 

during Election ..238 

Voters, Bribery of, Punishment of..238 
Offenses of, Punishment of....238 
Influencing, Punishment of . 238 
Voting, being Influenced as to, 

when a Crime .238 


Sec. 54b.. Promising or Contributing any Money or Valuable 

Consideration for a Person’s Voting or not 

Voting .239 

Advancing Money for Board or Lodging with 
Intent to Induce Person to Vote . 239 






















SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Page 

Promising or Contributing any Money, etc.—Continued. 

Bribery at Elections, Punishment of .239 

Committees, Improper Expenditure by, 

what are . 240 

Candidates, Bribery by, What Constitutes.239 

Gifts or Promises by, Punishment of..239 
Loaning Money to induce Voters to vote 

or Refrain from voting .239 

Money, the Use of, when a Crime .240 

Money or Valuable Consideration for Voting 

or not Voting, Punishment of .239 

Paying Money for Selecting Candidates .240 

Promising Office or Employment .239 

Punishment for Bribery or Payment of Money 

at Elections . 239 

Unlawful Paying of Money during Election.240 

Voters, Offenses by, Enumerated, Punishment of..239 
. Influencing .. 240 

Sec. 55. Unlawful Offers to Procure Offices for Electors.240 

Candidates, Gifts or Promises by, Offer or 
Agreement by to Procure Office for 

Another, Punishment of .240 

Misdemeanor, Offenses that are declared 

to be . 240 

Office, Offering to Procure for an Elector, 

a Misdemeanor .;.240 

Punishment, for Procuring votes by Promise.240 

Voters, Influencing ..:..240 

Sec. 55a. Soliciting or Demanding that a Candidate vote for or 

Against any Measure or Bill.241 

Candidate, pledged to Convention or 

Nominators . 241 

Soliciting Vote of, Punishment of.241 

Misdemeanor, Offenses declared to be.241 

Pledging of Candidate, Punishment of.241 

Punishment for Pledge by Candidate.241 

Soliciting Vote for or against 
a Measure or Bill . 241 

Sec. 56. Communicating such Offers by Person not a Candidate.241 

Misdemeanors, Offenses that are Declared to be..241 

Offered to Voter, Communicating, Unlawful.241 

Punishment for Pledging Candidate, unlawful 

Offenses . 241 

Unlawful Offers to Voters .241 

Sec. 57. Giving or Offering Bribes to Members of Legislative 

Caucus, Etc...241 

Bribery of Nominating Convention, 

Punishment of . 241 

Bribing of Legislative Caucuses, 

Committees or Political Gathering.241 

Candidate, Bribe to Member of 
Convention, Etc., Punishment for 

Giving or Receiving .241 

Caucus, Bribery of Members, 

Punishment of . 241 




































SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Giving or Offering Bribes, etc.—Continued. Page 

Convention, Bribing Members, 

Punishment of .241 

Punishment for Bribery of Members of 

Convention .241 

Sec. 57a. Officers of Election Aiding in Wrong Doing.241 

Ballots, Carrying away or Destroying, 

Punishment of .241 

Changing by Election Officers, 

Punishment of . 241 

Fraudulent Introduction of 

Punishment of .241 

Officer: tampering with, or 
permitting tampering with, 

Punishment of .241 

Election Officer, tampering with Poll-lists, 

or Ballots, Punishment of....241 
Wrongfully Aiding in placing 

Ballot in Ballot-box.241 

Fraudulent acts to Change Result of 

Election by Election Officers.241 

Poll-lists, Officer tampering with, or 
Permitting tampering with, 

Punishment of .241 

Punishment for Acts by Election * 

Officers to change Result of Elections....241 
Punishment for Tampering with Ballots 

or Poll-lists . 241 

Sec. 58. Preventing Public Meetings .242 

Misdemeanor, Offenses declared to be .242 

Meeting of Voters, Preventing, a Misdemeanor.242 

Public Meetings, Preventing, a Misdemeanor .242 

Punishment for Preventing Public Meetings.242 

Voters, Prevention of Public Meeting of, 

a Misdemeanor .242 

Sec. 59. Force, Violence or Restraint used to Influence Vote.242 

Corporation, Intimidating, or Influencing 

Employee, Punishment of .242 

Corporations, Violations by, to forfeit Charter..242 
Disturbing Public Meetings of Electors, 

a Misdemeanor .242 

Employer coercing or Influencing Vote of 

Employees, forbidden, Punishment of.242 

Intimidation of Employees by Employer, 

Punishment of .'.242 

Intimidation of Voters, Punishment of.242 

Intimidating Person to Influence Vote, 

Punishment of .242 

Misdemeanor, Offenses declared to be .242 

Pay-envelopes not to have enclosed Political 
Mottoes or Arguments or Names of 

Candidates .242 

Political Mottoes not to be Printed upon 

Pay-envelope’s .242 

Punishment for unlawful Interference with 

Voters .242 

Punishment, for coercing, Influencing or 

Restraining A r oters .242 































SUPPLEMENTAL INDEX TO 
PENAL CODE. 

(Page 235 to Page 245.) 

CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 

Force, Violence or Resistance Used, etc.—Continued. Page 

Unlawful Interference with Elective 

Franchise, Punishment of .242 

Voters, Interfering with or Influencing, 

Punishment of .242 

Force, Violence or Restraint, Using 
to Influence, Punishment of.242 

Sec. 60. Betting on Elections .242 

Candidates, Betting on Success or Failure 

of, a Misdemeanor .242 

Election Bets, Unlawful, Punishment of....242 

Misdemeanor to Bet on Election .242 

Punishment for Betting on Elections.242 

Voter forbidden to bet on Elections, 
Punishment .242 

Sec. 61. Violations of Election Laws by Persons not Officers.242 

Election, Violation of Laws of, 

by Persons not Officers .242 

Persons not Election Officers, 
violating Election Laws, 

Punishment of .242 

Punishment for Violations of 
Election Laws by Persons not 

Officers . 242 

Violation of Election Laws by 
Persons not Election Officers, 
Punishment of .242 

Sec. 62. Violations of Election Laws as to Tickets.243 

Ballots, False Printing and 

Circulating of, a Misdemeanor....243 
Misdemeanor, to Circulate or 

Print Illegal Ballots . 243 

Printing Ballots not in Conformitj' 

with Law, a Misdemeanor .243 

Ticket, Printing Illegal, 

a Misdemeanor .243 

Sec. 62a. Circulation of Anonymous Circulars referring to Political 

Candidates, a Misdemeanor.243 

Candidates, Circulating 

Anonymous Circulars relating to 

• with Intent to Injure .243 

Distributing Anonymous Circulars..243 
Election Circulars, Pamphlets, 

Letters, Etc., intent to Injure 
Candidate, Printing or 
Distributing, a Misdemeanor.243 

Sec. 62b. Printed Matter must bear Printer’s Imprint.243 

Misdemeanor, Offenses that are declared 

to be .243 

Punishment for Failure to put Imprint on 

Printed Matter .243 

























SUPPLEMENTAL INDEX TO 


CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 


(Page 235 to Page 245.) 


CRIMES AGAINST ELECTIVE FRANCHISE—Continued. 


Page 


Sec. 63. United States Senators, Candidates for, must not give or 

Promise Pecuniary Aid to 
Legislative Candidate .243 

Advancing Money by Candidate 

for United States Senator .243 

Money, the Use of relating to 
Candidates for the United States 

Senators, when a Crime .243 

Legislature, Bribery of Members by 
Candidate for United States Senate, 

a Felony ..243 

Punishment, for Advancing Money 
for Election of United States 

Senator .-.243 

Senator, Advancing Money by 
Candidate for United States 
Senate, Punishment of .243 


Sec. 63y 2 . Members of Legislature, Candidate for, and Member- 

elect not to accept Valuable 
Consideration .244 

Legislature, Bribery of Candidate 
for or Members of, by 
Candidate for United States 

Senate, a Felony . 244 

Legislature, Candidate for, or 
Member of, accepting Money 
from Candidate for United 

States Senate, a Felony.244 

Members of Legislature not to 
accept Money from Candidates 
for United States Senate .244 

Soc. 63b. Sale of Intoxicants on Election Days .244 

Furnishing Intoxicants on Election 

Day a Misdemeanor .244 

Intoxicating Liquors, Sale of on 

Election Day, Punishment of.244 

Punishment for Furnishing Liquor 

during Election Hours .244 

Saloons to be closed during Elections!.244 

Sec. 64. No Prosecution against Witnesses testifying in Election Cases. .244 

Witness in Election Case has no 

Privilege .244 

• No Prosecution 

Against .244 

Not to be disqual¬ 
ified or excused 
from testifying.244 

Sec. 64V2. Punishment of Offenses against Primary Election Laws .245 

Code Provisions Applicable to 

Primary Elections .245 

Primary Elections, Code Sections 

applicable to .245 






















235 


PENAL CODE. 

TITLE IV. 

CRIMES AGAINST THE ELECTIVE FRANCHISE. 

Sec. 40. Persons acting as election officers without ap¬ 
pointment. Any person who acts as an election officer at any 
election, without first having been appointed and qualified as 
such, and any person who, not being an election officer, per¬ 
forms or discharges any of the duties of an election officer, 
in regard to the handling or counting or canvassing of any 
ballots cast at any election, shall be guilty of a felony, and on 
conviction be punished by imprisonment in the State Prison 
for not less than two nor more than seven years. 

Sec. 41 Violation of election laws by certain officers a 
felony. Every person charged with the performance of any 
duty under the provisions of any law of this State relating to 
elections, who willfully neglects or refuses to perform it, or 
who, in his official capacity, knowingly and fraudulently acts 
in contravention or violation of any of the provisions of such 
laws, is, unless a different punishment for such acts or 
omission is prescribed by this Code, punishable by fine not ex¬ 
ceeding one thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

75 Cal. 628, 631; 142 Cal. 79; 146 Cal. 309. 

Sec. 42. Fraudulent registration a felony. Every person 
who willfully causes, procures, or allows himself to be regis¬ 
tered in any register of electors required by law to be made 
or kept, knowing himself not to be entitled to such registration, 
is punishable by imprisonment in the State Prison for not 
less than one nor more than three years. 

Sec. 42a. Allowing fraudulent registration. Every person 
who willfully causes, procures, or allows any other person 
to be registered in any register of electors required by law to 
be made or kept, knowing him not to be entitled to such regis¬ 
tration, is punishable by imprisonment in the State Prison for 
not less than one nor more than three years. 

Sec. 43. Refusal to be sworn by or to answer questions of 
Board of Judges of Election a misdemeanor. Every person 
who, after being required by the Board of Judges at an election, 
refuses to be sworn, or being sworn, refuses to answer any 
pertinent questions propounded by such board touching the 
right of another to vote, is guilty of a misdemeanor. 

Sec, 44, Refusal to obey summons of Board of Election a 
misdemeanor. Every person summoned to appear and testify 
before any Board of Registration, who willfully disobeys such 
summons, is guilty of a misdemeanor. 

Sec. 45. Fraudulent voting, or interference with voting. 
Every person not entitled to vote who fraudulently votes, and 
every person who votes more than once at any one election, or 


Handling or 
counting of 
ballots. 


Election 
officer’s 
refusal to 
perform duty. 


Registering 
when not 
entitled to. 


236 


CALIFORNIA ELECTION LAWS. 


Mixing other 
ballots with 
ballots law¬ 
fully polled. 


Personating 
another per¬ 
son entitled 
to vote. 


Poll list not 
to be changed. 


knowingly hands in two or more tickets, folded together, or 
changes any ballot after the same has been deposited in the 
ballot-box, or adds, or attempts to add, any ballot to those 
legally polled at any election, by fraudulently introducing the 
same into the ballot-box either before or after the ballots therein 
have been counted; or adds to, or mixes with, or attempts to 
add to or mix with, the ballots lawfully polled, other ballots, 
while the same are being counted or canvassed, or at any 
other time, with intent to change the result of such election; 
or carries away or destroys, or attempts to carry away or 
destroy, any poll-lists, or ballots, or ballot-box, for the purpose 
of breaking up or invalidating such election, or willfully de¬ 
tains, mutilates, or destroys any election returns, or in any 
manner so interferes with the officers holding such election 
or conducting such canvass, or with the voters lawfully 
exercising their rights of voting at such election, as to prevent 
such election or canvass from being fairly held and lawfully 
conducted, is guilty of a felony. 

91 Cal. 467; 145 Cal. 108. 

Sec. 46. Attempting to vote when not qualified. Every 
person not entitled to vote, who fraudulently attempts to vote, 
or who, being entitled to vote, attempts to vote more than once 
at any election, or who personates, or attempts to personate, a 
person legally entitled to vote, is punishable by imprisonment 
in the State Prison for not less than one nor more than two 
years. 

Sec. 47. Procuring illegal voting. Every person who pro¬ 
cures, assists, counsels, or advises another to give or offer 
his vote at any election, knowing that the person is not qualified 
to vote, or who aids or abets in the commission of any of the 
offenses mentioned in the preceding section, is punishable by 
imprisonment in the State Prison not exceeding two years. 

Sec. 48. Changing ballots or altering returns by election 
officers, felonies. Every officer or Clerk of Election who aids 
in changing or destroying any poll list, or in placing any 
ballots in the ballot-box, or taking any therefrom, or adds, 
or attempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into the 
ballot-box before or after the ballots therein have been counted, 
or adds to or mixes with, or attempts to add to or mix with 
the ballots polled any other ballots, while the same are being 
counted or canvassed, or at any other time, with intent to 
change the result of such eletion, or allows another to do so 
when in his power to prevent it, or carries away or destroys, 
or knowingly allows another to carry away or destroy, any 
poll list, ballot-box, or ballots lawfully polled, is punishable 
by imprisonment in the State Prison for not less than two nor 
more than seven years. 


PENAL CODE. 


237 


Sec. 49. Officers of election unfolding or marking ballots. 

Every inspector, judge, or clerk of an election who, previously 
to putting the ballot of an elector in the ballot-box, attempts 
to find out any name on such ballot, or who opens or suffers 
the folded ballot of any elector which has been handed in, 
to be opened or examined previously to putting the same into 
the ballot-box, or who makes or places any mark or device 
on any folded ballot with a view to ascertain the name of any 
person for whom the elector has voted, or who, without the 
consent of the elector, discloses the name of any person which 
such inspector, judge, or clerk has fraudulently or illegally 
discovered to have been voted for by such elector, is punishable 
by a fine of not less than fifty nor more than five hundred 
dollars, or by imprisonment in the county jail for not less than 
thirty days nor more than six months, or by both such fine 
and imprisonment. 

Sec. 49a. Officers of election who cannot read or write 
or refuses to serve, when ineligible. Any person acting as a 
member of any election board, or as a clerk upon such board, 
who cannot read and write the English language, or any per¬ 
son who refuses to act upon such board, or as a clerk thereof, 
after proper notification of his appointment who is otherwise 
eligible, unless good and sufficient cause for such refusal is 
shown to the Election Board or Board of Supervisors, is guilty 
of a misdemeanor, and is subject to a fine of five hundred dol¬ 
lars, and upon failure to pay such fine, must be imprisoned in 
the county jail of the county for the period of one day for each 
two dollars of such fine. 

Sec. 50. Forging or altering returns. Every person who 
forges or counterfeits returns of an election purporting to have 
been held at a precinct, town, or ward where no election was 
in fact held, or willfully substitutes forged or counterfeit re¬ 
turns of elections in the place of true returns for a precinct, 
town, or ward where an election was actually held, is punish¬ 
able by imprisonment in the State prison for a term not less 
than two nor more than seven years. 

Sec. 51. Adding to or subtracting from votes cast. Every 
person who willfully adds to, or subtracts from, the votes 
actually cast at an election, in any official or unofficial re¬ 
turns, or who alters such returns, is punishable by imprisonment 
in the State prison for not less than one nor more than five 
years. 

Sec. 52. Persons aiding, abetting or concealing guilty of 
felony. Every person who aids or abets in the commission 
of any of the offenses mentioned in the four preceding sections 
is punishable by imprisonment in the county jail for the period 
of six months, or in the State prison not exceeding two years. 


Officers of 
election not 
to unfold or 
allow the 
unfolding of 
ballots. 


Refusal to 
serve as 
election 
officer. 


Precincts 
where no 
election was 
held, counter¬ 
feiting 
returns. 


Betting on 
election. 


238 


CALIFORNIA ELECTION LAWS. 


Attempting 
to bribe or 
influence 
voters by 
means of 
threats. 


Compensating 
persons for 
voting. 


Circulating 

hand-bills. 


Agreement to 
vote, or not 
to vote. 


Sec. 53. Intimidating, corrupting, deceiving, or defrauding 
electors a felony. Every person who, by force, threats, 
menaces, bribery, or any corrupt means, either directly or in¬ 
directly, attempts to influence any elector in giving his vote, 
or to deter him from giving the same; or attempts by any 
means whatever to awe, restrain, hinder, or disturb any elector 
in the exercise of the right of suffrage, or furnishes any elector 
wishing to vote, who cannot read, with a ticket, informing or 
giving such elector to understand that it contains a name 
written or printed thereon, different from the name which is 
written or printed thereon, or defrauds, any elector at any 
such election by deceiving and causing such elector to vote for 
a different person for any office than he intended or desired 
to vote for; or who, being inspector, judge or clerk of any 
election, while acting as such, induces or attempts to induce 
any elector, either by menace or reward, or promise thereof, 
to vote differently from what such elector intended or desired 
to vote, is guilty of felony. 

Sec. 54. Furnishing money for elections except for specific 
purposes. Every person who, with intent to promote the 
election of himself or any other person, either: 

1. Furnishes entertainment at his expense to any meeting 
of electors previous to or during an election; 

2. Pays for, procures or engages to pay for any such enter¬ 
tainment ; 

3. Furnishes or engages to pay or deliver any money 
or property for the purpose of procuring the attendance of 
voters at the polls, or for the purpose of compensating any 
person for procuring attendance of voters at the polls, except 
for the conveyance of voters who are sick or infirm; 

4. Furnishes or engages to pay or deliver any money or 
property for any purpose intended to promote the election 
of any candidate, except for the expenses of holding and con¬ 
ducting public meetings for the discussion of public questions 
and of printing and circulating ballots, hand-bills, and other 
papers previous to such election;—Is guilty of a misdemeanor. 

Sec. 54a. Receiving or contracting for any money or thing 
of value for voting or not voting. It is unlawful for any 
person, directly, by himself, or through any other person: 

1. To receive, agree, or contract for, before or during an 
election, any money, gift, loan, or other valuable consider¬ 
ation, office, place, or employment, for himself or any other 
person, for voting or agreeing to vote, or for coming or agree¬ 
ing to come to the polls, or for refraining or agreeing to re¬ 
frain from voting, or for voting or agreeing to vote, or refrain¬ 
ing or agreeing to refrain from voting, for any particular person 
or persons at any election; 

2. To receive any money, or other valuable thing, during 
or after an election, on account of himself or any other person 
having voted, or refrained from voting, for any particular 


PENAL CODE. 


239 


person or persons at such election, or on account of himself 
or any other person having come to the polls or remained away 
from the polls at such election, or on account of having induced 
any other person to vote or refrain from voting, or to vote 
or refrain from voting for any particular person, or persons, or 
to come to or remain away from the polls at such election; 

3. To receive any money or other valuable thing, before, 
during, or after election, on account of himself or any other 
person having voted to secure the election or indorsement of 
any other person as the nominee or candidate of any con¬ 
vention, organized assemblage or delegates, or other body 
representing, or claiming to represent, a political party or 
principle, or any club, society, or association, or on account of 
himself or any other person having aided in securing the 
selection or indorsement of any other person as a nominee or 
candidate as aforesaid. 

Every person who commits any of the offenses mentioned in 
this section is punishable by imprisonment in the State prison 
for not less than one nor more than seven years. 

Sec. 54b. Promising or contributing any money or valuable 
consideration for a person’s voting or not voting. It is un¬ 
lawful for any person, directly or indirectly, by himself or 
through any other person: 

1. To pay, lend, or contribute, or offer or promise to 
pay, lend or contribute, any money or other valuable con¬ 
sideration to or for any voter, or to or for any other person, 
to induce such voter to vote or refrain from voting at any 
election, or to induce any voter to vote or refrain from voting 
at such election for any particular person or persons, or to 
induce such voter to come to the polls or remain away from 
the polls at such election, or on account of such voter having 
voted or refrained from voting, or having voted or refrained 
from voting for any particular person, or having come to the 
polls or remained away from the polls at such election; 

2. To give, offer, or promise any office, place, or employ¬ 
ment, or to promise to procure, or endeavor to procure, any 
office, place or employment to or for any voter, or to or for 
any other person, in order to induce such voter to vote or re¬ 
frain from voting at any election, or to induce any voter to 
vote or refrain from voting at such election for any particular 
person or persons; 

3. To make any gift, loan, promise, offer, procurement, or 
agreement, as aforesaid, to, for, or with any person, in order 
to induce such person to procure, or endeavor to procure, the 
election of any person, or the vote of any voter at any election; 

4. To procure, engage, promise, or endeavor to procure, in 
consequence of any such gift, loan, offer, promise, procure¬ 
ment, or agreement, the election of any person, or the vote 
of any voter at such election; 


Compensating 
for indorse¬ 
ment of 
candidates. 


Loaning 
money to in¬ 
duce voter to 
vote, or 
refrain from 
voting. 


Promising 
office or 
employment. 


240 


CALIFORNIA ELECTION LAWS. 


Advancing 
money for 
boarding or 
lodging with 
intent to 
induce person 
to vote. 


Paying money 
for selecting 
candidate. 


Penalty. 


5. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, 
with the intent that the same, or any part thereof, shall be 
used in bribery at any election; or to knowingly pay, or cause 
to be paid, any money or other valuable thing to any person 
in discharge or repayment of any money, wholly or in part, 
expended in bribery at any election; 

6. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, 
with the intent that the same, or any part thereof, shall be 
used for boarding, lodging, or maintaining a person at any 
place or domicile in any election precinct, ward, or district, with 
intent to secure the vote of such person, or to induce such 
person to vote for any particular person or persons at any 
election; 

7. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, with 
the intent that the same, or any part thereof, shall be used to 
aid or assist any person to evade arrest, who is charged with 
the commission of a crime against the elective franchise, for 
which, if the person were convicted, the punishment would be 
imprisonment in the State prison; 

8. To advance or pay, or cause to be paid, any money or 
other valuable thing, to or for the use of any other person, in 
consideration of being selected or indorsed as the candidate of 
any convention, organized assemblage of delegates, or other 
body representing, or claiming to represent, a political party 
or principle, or any club, society, or association, for a public 
office, or in consideration of the selection or indorsement of 
any other person as a candidate for a public office, or in con¬ 
sideration of any member of a convention, club, society, or 
association having voted to select or indorse any person as a 
candidate for a public office, except that a candidate for nom¬ 
ination to a public office may contribute such proportion of the 
cost and expense of holding a primary election as is authorized 
by the Political Code of this State, and no more; 

9. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, in 
consideration of a person withdrawing as a candidate for a 
public office. 

Every person who commits any of the offenses mentioned 
in this section is punishable by imprisonment in the State 
Prison for not less than one year nor more than seven years. 

Sec. 55. Unlawful offers to procure offices for electors. Every 
person who being a candidate at any election, offers or agrees 
to appoint, or procure the appointment of any particular person 
to office, as an inducement or consideration to any person to 
vote for or to procure or aid in procuring the election of the 
candidate, is guilty of a misdemeanor. 

99 Cal. 289. 


PENAL CODE. 


241 


Sec. 55a. Soliciting or demanding that a candidate vote for or 
against any measure or bill. Any person, either individually or 
as an officer or member of any committee or association, who 
solicits or demands of any candidate for the legislature, super¬ 
visor, school director, or for any legislative body, that he shall 
vote for or against any particular bill or measure which may 
come before such body to which he may be elected, and any 
candidate for any of such offices who signs or gives any pledge 
that he will vote for or against any particular bill or measure 
that may be brought before any such body, is guilty of a mis¬ 
demeanor ; and any candidate convicted under the provisions of 
this section is, in addition, disqualified from holding the office 
to which he may have been elected. The provisions of this 
section do not apply to any pledge or promise that' any such 
candidate may give to a convention by which he may be nom¬ 
inated for any such office, or to those who sign a certificate for 
his nomination. 

Sec. 56. Communicating such offer. Every person, not being 
a candidate, who communicates any offer made in violation of 
the last section to any person with intent to induce him to 
vote for, or to procure or aid in procuring the election of the 
candidate making the offer, is guilty of a misdemeanor. 

Sec. 57. Giving or offering bribes to members of Legislative 
caucus, etc. Every person who gives or offers a bribe to any 
officer or member of any legislative caucus, political conven¬ 
tion, committee, primary election, or political gathering of any 
kind, held for the purpose of nominating candidates for offices 
of honor, trust or profit, in this State, with intent to influence 
the person to whom such bribe is given or offered to be more 
favorable to one candidate than another, and every person, 
member of either of the bodies in this section mentioned, who 
receives or offers to receive any such bribe, is punishable by 
imprisonment in the State Prison not less than one nor more 
than seven years. 

126 Cal. 352. 

Sec. 57a. Officers of election aiding in wrong-doing. Every 
officer or clerk of election who aids in changing or destroying 
any poll-list or official ballot, or in wrongfully placing any 
ballots in the ballot-box, or in taking any therefrom, or adds 
or attempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into the 
ballot box, before or after the ballots therein have been counted, 
or adds to or mixes with, or attempts to add to or mix with, 
the ballots polled, any other ballots, while the same are being 
counted or canvassed, or at any other time, with intent to 
change the result of such election, or allows another to do so, 
when in his power to prevent it, or carries away or destroys, 
or knowingly allows another to carry away or destroy, any 
poll-list, ballot-box. or ballots lawfully polled, is punishable by 
imprisonment in the state prison for not less than two nor 
more than seven years. 


Soliciting 
candidates to 
vote for or 
against par¬ 
ticular 
measures. 


Offering 
bribes at 
political 
gatherings. 


Election 
officer 
wrongfully 
aiding in 
placing ballot 
in ballot-box. 


242 


CALIFORNIA ELECTION LAWS. 


Intimidating 
person to 
influence 
vote. 


Political 
mottoes not 
to be printed 
upon pay 
envelopes. 


Accepting 

wagers. 


Sec. 58. Preventing public meetings. Every person who, by 
threats, intimidations, or unlawful violence, willfully hinders 
or prevents electors from assembling in public meeting for the 
consideration of public questions, is guilty of a misdemeanor. 

Sec. 59. Force, violence, or restraint used to influence vote. 

It is unlawful for any person, directly or indirectly, by himself 
or atiy other person in his behalf, to make use of, or threaten to 
make use of, any force, violence, or restraint, or to inflict or 
threaten the infliction, by himself or through any other person, 
of any injury, damage, harm, or loss, or in any manner to prac¬ 
tice intimidation upon or against any person, in order to induce 
or compel such person to vote or refrain from voting at any 
election, or to vote or refrain from voting for any particular 
person or persons at any election, or on account of such person 
or persons at any election, or on account of such person having 
voted or refrained from voting at any election. And it is unlaw¬ 
ful for any person, by abduction, duress, or any forcible or 
fraudulent device or contrivance whatever, to impede, prevent, 
or otherwise interfere with the free exercise of the elective 
franchise by any voter; or to compel, induce, or prevail upon 
any voter either to give or refrain from giving his vote at any 
election, or to give or refrain from giving his vote for any par¬ 
ticular person or persons at any election. It is not lawful for 
any employer, in paying his employes the salary or wages due 
them, to inclose their pay in “pay-envelopes” upon which there 
is written or printed the name of any candidate, or any political 
mottoes, devices, or arguments containing threats, express or 
implied, intended or calculated to influence the political opinions 
or actions of such employes. Nor is it lawful for any employer, 
within ninety days of any election, to put up or otherwise 
exhibit in his factory, workshop, or other establishment or place 
where his workmen or employes may be working, any hand-bill 
or placard containing any threat, notice, or information, that 
in case any particular ticket of a political party, or organization, 
or candidate shall be elected, work in his place or establishment 
will cease* in whole or in part, or his place of establishment be 
closed up, or the salaries or wages of his workmen or employes 
be reduced, or other threats, express or implied, intended or 
calculated to influence the political opinions or actions of his 
workmen or employes. This section applies to corporations 
as well as individuals* and any person or corporation violating 
the provisions of this section is guilty of a misdemeanor, and 
any corporation violating this section shall forfeit its charter. 

Sec. 60. Betting on elections. Every person who makes, 
offers or accepts any bet or wager upon the result of any elec¬ 
tion, or upon the success or failure of any person or candidate, 
or upon the number of votes to be cast either in the aggregate 
or for any particular candidate, or upon the vote to be cast by 
any person, is guilty of a misdemeanor. 

Sec. 61. Violation of election laws by persons not officers.- 


PENAL CODE. 


243 


Every person who willfully violates any of the provisions of 
the laws of this State relating to elections is, unless a different 
punishment for such violation is prescribed by this Code, pun¬ 
ishable by a fine not exceeding one thousand dollars, or by Penalty, 
imprisonment in the State Prison not exceeding five years, or 
by both. 

Sec. 62. Violation of election laws as to tickets. Every person 
who prints any ticket not in conformity with the privisions of 
chapter eight of title two of part three of the Political Code, or £ r jf* in e 4 
who circulates or gives to another any ticket, knowing at the in conformity 
time that such ticket does not conform to the provisions of wlth the law> 
chapter eight of title two of part three of the Political Code, 
is guilty of a misdemeanor. 

Sec. 62a. Circulation of anonymous circulars referring to 
political candidates, a misdemeanor. Every person who inten¬ 
tionally writes, prints, posts, or distributes, or causes to be 
written, printed, posted, or distributed, any circular, pamphlet, anonymous 8 
letter, or poster which is designed or intended to injure or de- circulars, 
feat any candidate for nomination or election to any public 
office by reflecting upon his personal character or political 
action, unless there appears upon such circular, pamphlet, let¬ 
ter, or poster, in a conspicuous place, either the name of the 
Chairman and Secretary or the names of two officers at least 
of the political or other organization issuing the same, or the 
name and residence, with the street and number thereof, if any, 
of some voter of this State, and responsible therefor, shall be 
guilty of a misdemeanor. 

Sec. 62b. Printer must put imprint on printed matter. Every ^atterTo 
person who prints any circular, pamphlet, letter, or poster of show imprint, 
the kind or character mentioned in section 62a of this Code, 
without adding thereto his name, showing the printing office 
at which the same was printed, is guilty of a misdemeanor. 

Sec. 63. United States Senators, candidates for, must not 
give or promise pecuniary aid to legislative candidates. Every 
candidate for United States Senator at an approaching session 
of the legislature, and every person acting for or on behalf of 
any such candidate for Senator in the Congress of the United 
States at an approaching session of the legislature, who shall 
advance or give or loan, or promise to advance or give or loan, 
any money or property to any candidate for the legislature, 
before or after his nomination, or before or after his election, 
under an express or implied, promise that such candidate for the 
legislature (whether nominated or not, or before or after his 
election) will support or vote for such candidate for Senator in 
the Congress of the United States at an approaching session of 
the legislature, shall be deemed guilty of a felony. The advanc¬ 
ing, giving or loaning of money or property, or the promise to 
advance, give, or loan money or property to any candidate for 
the legislature, by any candidate for Senator as aforesaid, or 
by any person for him, or on his behalf, as aforesaid, shall be 


244 


CALIFORNIA ELECTION LAWS. 


Accepting 
valuable con¬ 
sideration 
from candi¬ 
date for Sen¬ 
ator in 
Congress in 
U. S. 


Saloons to be 
closed during 
elections. 


deemed prima facie proof of an express or implied agreement 
that such candidate for the legislature will, if elected to the 
legislature, vote for such candidate for Senator in Congress. 

Sec. 63 y 2 . Members of legislature shall not accept any valu¬ 
able consideration. Every person being a member-elect of the 
legislature, and every person being a candidate for the legis¬ 
lature, and every person being a candidate for nomination for 
the legislature, who shall accept any money or property from 
any candidate for Senator in the Congress of the United States 
before the legislature at an approaching session thereof, or from 
any other person acting for or on behalf of any such candidate 
for Senator in the Congress of the United States at an approach¬ 
ing session of the legislature, under an express or implied prom¬ 
ise that such member-elect of the legislature, or such candidate 
for the legislature, or candidate for nomination for the legis¬ 
lature, will, if elected as a member of the legislature, support 
or vote for any such candidate for Senator in the Congress of 
the United States for that office, shall be deemed guilty of a 
felony. The receipt of money or property by any member-elect 
of the legislature and by any candidate for the legislature, and 
by any candidate for nomination for the legislature, from any 
candidate before the legislature for Senator in Congress at an 
approaching session of the legislature as aforesaid, or from 
any person acting for or on behalf of any such candidate for 
Senator in Congress as aforesaid, shall be prima facie proof 
of an express or implied agreement that such member-elect of 
the legislature will vote for such candidate for Senator as afore¬ 
said, and that such candidate, or candidate for nomination for 
the legislature, will, if elected, vote for such candidate for Sen¬ 
ator as aforesaid. 

Sec. 63b. Sale of intoxicants on election days. Every person 
keeping a public house, saloon, or drinking place, whether 
licensed or unlicensed, who sells, gives away, or furnishes spirit¬ 
uous or malt liquors, wine, or any other intoxicant, on any part 
of any day set apart for any general or special election, in any 
election district or precinct in any county of the State where an 
election is in progress, during the hours when by law the polls 
are required to be kept open, is guilty of a misdemeanor. 

Sec. 64. No prosecution against witnesses testifying in election 
cases. No person otherwise competent as a witness, shall be 
disqualified or excused from testifying concerning any of the 
offenses enumerated and prescribed in this title, on the ground 
that such testimony may criminate himself; but no prosecution 
can afterwards be had against such witness for any such offense 
concerning which he testified for the prosecution. 

146 Cal. 309. 


SUPPLEMENTAL INDEX 

TO 

CODE OF CIVIL PROCEDURE 


PROCEEDINGS OF A CIVIL NATURE RELATING TO ELECTIONS. 


CONTESTING CERTAIN ELECTION. 


SUPREME COURT. 


SUPERIOR COURTS. 


JUSTICES’ COURTS IN CITIES AND TOWNS. 


JUSTICES’ COURTS IN TOWNSHIPS. 


(Page 246 to Page 254.) 














SUPPLEMENTAL INDEX TO CODE OF CIVIL PRECEDURE. 
PROCEEDINGS OF A CIVIL NATURE RELATING TO ELECTIONS. 

(Page 246 to Page 254.) Page 

SUPREME COURT .246 

Sec. 40. Justices, Elections, and Terms of Office...246 

Supreme Justices, Classification of ..246 

Election for, when Held, and Term 

of Office . 246 

Election of .246 

To consist of a Chief Justice, and 

and Six Associate Justices.246 

Sec. 41. Computation of Years of Office .246 

Supreme Court Justices, Term of Office, Computation of.246 

Sec. 42. Vacancies .-.-.246 

Election to fill, when Held .246 

Governor to Appoint . 246 

Sec. 57. Appeals in Probate Proceedings and Contested Election Cases..246 
Contested Election Cases to be given Preference on 

Calendar .-t.-.246 

Election, Contested, Preference to be Given Cases on 

Appeal ...-.-.....246 

SUPERIOR COURTS . 247 

Sec. 65. Superior Judges, Election of .....247 

Number of . 247 

When and how Elected, Term of Office .247 

JUSTICES’ COURTS IN CITIES AND COUNTIES.247 

Sec. 85. Justices’ Court and Justices ...247 

Election of, When Held, and Term of Office.247 

Justices of the Peace in Cities and Counties of 

100,000 Population .247 

Number of . 247 

Number of Sessions .,.....247 

Presiding Justice, Appointments, and Removals.....247 

Disability of, Absence of, Substitute.247 

JUSTICES’ COURTS IN TOWNSHIPS .247 

Sec. 103. Justices’ Courts and Justices, Number in Township. 

Election of Justices, Number in Cities. 
Qualifications. Salaries .247 

Justices in Townships, Election of, Term 

of Office .247 

Number of . 247 

Eligibility to Office . 248 

Fees Disposal of . 248 

Five Justices in Cities of 1% Class..248 

Not to have Law Partner.!......247 

Not to practice before Another 

Justice .247 

One Justice in Cities of 2*4, 3rd, 

and 4th Class . 248 

Salaries .248 

How paid .248 

CONTESTING CERTAIN ELECTIONS .249 

Sec. 1111. Who may Contest, and Grounds of Contest .249 

Contents on Part of Election Officers........249 

For Malconduct on Part of Election 

Officers .249 

On Account of Illegal Votes .249 

Proceedings on Contest, Grounds of.249 

When Candidate has Offered, or 

Given Bribe or Reward .....249 

When Person, whose Right to Office was 
not at Time of Election, Eligible ..249 














































SUPPLEMENTAL INDEX TO CODE OF CIVIL PRECEDURE. 


(Page 246 to Page 254.) 

CONTESTING CERTAIN ELECTIONS—Continued. Page 

Sec. 1112. Irregularity and Improper Conduct of Judges, When to 

Annul Elections ...249 

Contest of Election, Conduct of Judge, when 

to Annul .249 

Misconduct of Judges, When not to Annul 

Election .249 

Sec. 1113. When not to Vote ...249 

Contest of Election, Malconduct of 
Election Judges, -When not to be 

Annulled .249 

Proceedings on Contested Election, 

when cannot be Annulled .249 

Sec. 1114. Illegal Votes, when not to Annul Election...249 

Contest of Election, when Illegal Votes 

do not Vitiate .249 

Election, when not to be Set Aside.249 

Procedure on Contest, when does not Annul 

Election .249 

Sec. 111-5. Proceedings on Contested Elections .250 

Contests, Proceedings on ......250 

Statement for Cause for, Affidavit, 

what to Contain .250 

Statement of Cause to be Filed, 

Time of Filing .250 

Statement of Cause to be Verified.250 

When to be Filed, and by Whom.250 

Sec. 1116. Statement of Cause of Contest in Illegal Voting.250 

Contests, Illegal Votes is alleged as Cause 

of Contest .250 

Illegal Votes, List of, to be 

Delivered to Opposite Party, When..250 
List of Illegal Votes to be furnished 

before Testimony is Received.250 

Contests, Procedure, When Reception 
of Illegal Votes is alleged as 

Cause of Contest .250 

Sufficiency of Statement .250 

Sec. 1117. Statement of Cause of Contest. Want of Form not to 

Vitiate .-.250 

Contests, Dismissal, Grounds for .250 

Statement of Cause, Form of, not 

to Dismiss Proceedings .250 

When not to be Rejected for Want 

of Proper Form .250 

Sec. 1118. Court to set Day to hear Contested Election.251 

Contests, Hearing, Proceedings on .251 

Judgment of Court .251 

Special Session for Trial of.251 

Time for Holding.251 

Time of Trial of.251 

Trial to be not less than ten or 
more than twenty Days from Date 
of Order .251 

Sec. 1118. Special Session of Court to hear Contests.251 

Ballots to be opened and a Recount Taken.251 

Court, when to file Conclusions of Law.251 

Order Special Session.251 

County Clerk, when to notify Superior Court of 

Statements Filed .251 

Judgment, when Entered .251 








































SUPPLEMENTAL INDEX TO CODE OF CIVIL PRECEDURE. 

(Page 24j6 to Page 254.) 

CONTESTING CERTAIN ELECTIONS—Continued. Pago 


Sec. 1119. 

Sec. 1120. 

Sec. 1121. 

Sec. 1122. 

Sec. 1123. 


Sec. 1124. 


Sec. 1124. 

Sec. 1125. 


Sec. 1126. 


Sec. 1126. 


Sec. 1127. 


Clerk to Issue Citation to Respondent .251 

Citation to be Delivered by Sheriff, 

to whom ..251 

When 'Person cannot be Found, 

Duty of Sheriff .251 

Witnesses, Attendance of, How enforced .251 

Clerk to Issue Subpoenas, to whom.251 

Contests, Witnesses, Subpoenas, How Served....251 

Power of Court. Adjournment of Court .251 

Adjournment of Court, When takes Place..251 

Contests, Costs of . 251 

Power of Court as to 

Adjournment .251 

Rules to Govern Court in Trial of Contest .252 

Contests, Dismissal, Grounds for .252 

Rules Determining Question 

of Law to Govern.252 

Court must declare Who was Elected, Certificate of 

Election, to Whom to be Issued .252 

Contests, Certificate Issued to One not 
declared Elected to be 

Annulled .252 

Party declared Elected to 
Receive Certificates from 


Clerk, if None has been Issued..252 


Issuance and Annullment of Certificates....252 

Tie Vote, In Case of, Who may Contest ...252 

Any Elector may contest within Twenty Days....252 

Citation, Issuance and Service of ...252 

Contests, who to be declared to be Elected.253 

In Case of Tie Vote, Who may Contest.252 

Procedure on Contest . 252 

Statement, Time of Filing .253 

What to Allege, and Verification.253 

Tie Vote, When Canvassing Board declares no Election, 

Who may contest .253 


Code Proceedings Governing .253 

Costs of Contests ..253 

Contests, Costs, where Election Contests are joined....253 

Dismissal of, Costs on .*.253 

Judgment for Costs, when to be Rendered Against 

Person contesting . 253 

What Parties are Liable for Costs .253 

When Election is Annulled or set Aside.253 

Appeal. Rights to Office Pending : .253 

From Judgment . 253 

Person declared Elected is entitled to Office Pending ...253 

Rights of Appeal to District Court of Appeal.253 

Who entitled to Office ....253 

Who may Appeal .253 

Appeal . 254 

Either Party aggrieved by Judgment may within 
thirty Days after Notice of Entry, Appeal to the 

Supreme Court .254 

Election, When Void, and Office Vacant .254 

Annullment, Effect of .254 

Of Election, Office becomes Vacant, 

When .254 

Appeal, Effect of Failure to take, where Election 

is Annulled .254 

When no Appeal is taken within Ten 
Days Office is Vacant . 


254 









































PENAL CODE. 


245 


Sec. 64^4. Punishment of offenses against primary election Primary 
laws. All the provisions of sections forty to sixty-four of this foment pun 
Code, both inclusive, shall apply with like force and effect to 
elections, known and designated as primary elections, held and 
conducted under official supervision pursuant to law and to 
registration therefor, as to other elections, whether the word 
“primary” be used in connection with the word “election” or 
“elections” used in said sections or not. 


246 


CALIFORNIA ELECTION LAWS'. 


Twelve-year 

terms. 


Governor to 
appoint until 
election is 
held. 


Contested 
election cases 
shall be given 
preference on 
calendar. 


CODE OF CIVIL PROCEDURE. 


PROCEEDINGS OF A CIVIL NATURE RELATING TO 
ELECTIONS. 

CHAPTER III. 

SUPREME COURT. 

Sec. 40. Justices, elections, and terms of office. The supreme 
court shall consist of a chief justice, and six associate justices, 
who shall be elected by the qualified electors of the state at 
large, at the general state elections next preceding the expira¬ 
tion of the terms of office of their predecessors respectively, 
and hold their offices for the term of twelve years from and 
after the first Monday after the first day of January next suc¬ 
ceeding their election; provided, that of the justices elected 
at the general state election of eighteen hundred and seventy- 
nine, the chief justice shall go out of office at the end of eleven 
years, and the six associate justices shall have so classified, or 
shall so classify themselves, by lot, that two of them shall go 
out of office at the end of three years, two of them at the end 
of seven years, and two of them at the end of eleven years from 
the first Monday after the first day of January, eighteen hun¬ 
dred and eighty; and an entry of such classification shall have 
been, or shall be made in the minutes of the court in bank, 
signed by them, and a duplicate thereof filed in the office of the 
Secretary of State. 

Sec. 41. Computation of years of office. The years during 
which a justice of the supreme court is to hold office are to 
be computed respectively from and including the first Monday 
after the first day of January of .any one year to and excluding 
the first Monday after the first day of January of the next suc¬ 
ceeding year. 

Sec. 42. Vacancies. If a vacancy occur in the office of a 
justice of the supreme court, the Governor shall appoint an 
eligible person to hold the office until the election and quali¬ 
fication of a justice to fill the vacancy, which election shall take 
place at the next succeeding general election; and the justice 
so elected shall hold the office for the remainder of the unex¬ 
pired term of his predecessor. 

Sec. 57. Appeals in probate proceedings and contested election 
cases. Appeals in probate proceedings and contested election 
cases shall be given preference in hearing in the supreme court, 
and be placed on the calendar in the order of their date of issue, 
next after cases in which the people of the state are parties. 

Citations: Cal. 45-243; 47-605; 49-467; 134-612. 



CODE OF CIVIL PROCEDURE. 


247 


CHAPTER IV. 

SUPERIOR COURTS. 

Sec. 65. Judges and elections. There shall be in each of the 
organized counties, or cities and counties of the state, a supe¬ 
rior court, for each of which one judge, and for some of which 
two or more judges, as hereinafter in subsequent sections 
specially provided, shall be elected by the qualified electors of 
the county, or city and county, at the general state elections, 
next preceding the expiration of the terms of office of their pre¬ 
decessors respectively; provided, that in and for the counties 
of Yuba and Sutter combined, only one superior judge shall 
be elected, who shall hold the superior courts of both said coun¬ 
ties, and in accordance with such rules for the dispatch of busi¬ 
ness in both said counties as he may adopt. 


CHAPTER V. 

JUSTICES’ COURTS IN CITIES AND COUNTIES. 

Sec. 85. Justices’ courts and justices. There shall be in every 
city and county of more than one hundred thousand popula¬ 
tion, a justices’ court, for which five justices of the peace shall 
be elected by the qualified electors of such city and county at 
the general state election next preceding the expiration of the 
terms of office of their predecessors. Any one of said justices 
may hold court, and there may be as many sessions of said 
court at the same time as there are justices thereof. The said 
justices shall choose one of their number to be presiding jus¬ 
tice, who may at any time be removed and another appointed in 
his place by a vote of a majority of them; provided, that in 
case of the temporary absence or disability of the presiding 
justice, any one of the other justices, to be designated by the 
presiding justice, may act as presiding justice during such 
absence or disability. 

Citations: Cal. 52-223; 53-414; 58-561; 114-332. App. 5-681. 


ARTICLE II. 

JUSTICES’ COURTS IN TOWNSHIPS. 

Sec. 103. Justices’ courts and justices, number in townships. 
Election of justices, number in cities. Qualifications. Salaries. 

There shall be at least one justice’s court in each of the town¬ 
ships of the state, for which one justice of the peace must be 
elected by the qualified electors of the township, at the general 
state election next preceding the expiration of the term of office 
of his predecessor. In any county where in the opinion of the 
Board of Supervisors the public convenience requires it, the 
said board may, by order, provide that two justices’ courts may be 


Superior 
judges, elec¬ 
tion of. 


Justices of 
the peace in 
cities and 
counties of 
100,000 popu¬ 
lation. 


Justices of 
the peace in 
townships. 


Election, 
term of 
office. 




248 


CALIFORNIA ELECTION LAWS. 


Five justices 
in cities of 
iy 2 class. 
Two in 2d 
class cities. 


One justice 
in cities of 
the 2i/ 2 , 3d 
and 4th 
class. 


Eligibility 
to office. 


Salaries. 


Fees, dis¬ 
posal of. 


established in any township, designating the same in such 
order; and in such case, one justice of the peace must be 
elected in the manner herein provided for each of said courts. 
In every city or town of the first and one-half class there must 
be five justices of the peace, and in every city or town of the 
second class there must be two justices of the peace, and in 
every city or town of the second and one-half class there must 
be one justice of the peace, and in every city or town of the 
third and fourth classes there must be one justice of the peace, 
to be elected in like manner by the electors of such cities or 
towns respectively; and such justices of the peace of cities or 
towns shall have the same jurisdiction, civil and criminal, as 
justices of the peace of townships and township justices’ courts. 
Said justices of the peace of cities and justices’ courts of cities 
shall also have jurisdiction of all proceedings for the violation 
of any ordinance of any city in which courts are established, 
both civil and criminal, and of all actions for the collection of 
any license required by any ordinance of any such city or 
town, and generally exercise all powers, duties and jurisdiction 
civil and criminal, of police judges, judges of police courts, re¬ 
corder’s court or mayor’s court, within such city. No person 
is eligible to the office of justice of the peace in any city or 
town of the first, first and one-half, second, second and one- 
half or third class, who has not been admitted to practice law in 
a court of record; and no justice of the peace is permitted to 
practice law before another justice of the peace in the city, 
town or county in which he resides, or to have a partner en¬ 
gaged in the practice of law in any justices’ court in such city, 
town or county. Every city justice of the peace in any city 
or town of the first and one-half class shall receive a salary of 
three thousand dollars per annum, and every city justice of 
the peace in any city or town of the second class shall receive 
a salary of three thousand six hundred dollars per annum, and 
every city justice of the peace in any city or town of the second 
and one-half class shall receive a salary of three thousand dol¬ 
lars per annum, and every city justice of the peace in any city 
or town of the third class shall receive a salary of two thousand 
dollars per annum, and every city justice of the peace in any 
city or town of the fourth class shall receive a salary of one 
thousand five hundred dollars per annum; and each justice of 
the peace shall be provided by the city or town authorities with 
a suitable office in which to hold his court. Where the com¬ 
pensation of the justice of the peace of any city or town is by 
salary it shall be paid by warrants drawn each month upon 
the salary fund, or if there be no salary fund, then upon the 
general fund of such city or town; such warrants to be audited 
and paid as salaries of any other city officials. All fees which 
are chargeable by law for services rendered by such city justice 
of the peace in cities or towns aforesaid shall be by them 
respectively collected, and on the first Monday of each month 
every such city or town justice shall make a report, under oath, 


p. CODE OF CIVIL PROCEDURE. 


249 


to the city or town treasurer, of the amount of fees so by him 
collected, and pay the amount so collected into the city or town 
treasury, to the credit of the general fund thereof. Said sala¬ 
ries shall be the sole compensation of the said city justice. 

(Note: See Legislation to this section, page 103-C. C. P. 1909.) 


TITLE II. 

CONTESTING CERTAIN ELECTIONS. 

Sec. 1111. Who may contest and grounds of contest. Any 

elector of a county, city and county, city, or of any political 
subdivision of either, may contest the right of any person de¬ 
clared elected to an office to be exercised therein* for any of 
the following causes: 

1. For malconduct on the part of the Board of Judges, or any 
member thereof. 

2. When the person whose right to the office is contested 
was not, at the time of the election, eligible to such office. 

3. When the person whose right is contested has given to 
any elector, or inspector, judge, or clerk of the election, any 
bribe or reward, or has offered any such bribe or reward for 
the purpose of procuring his election, or has committed any 
other offense against the elective franchise defined in Title IV, 
Part I, of the Penal Code. 

4. On account of illegal votes. 

46 Cal. 401; 64 Cal. 95; 83 Cal. 71; 87 Cal. 124; 100 Cal. 201; 104 Cal. 661; 111 Cal. 
420; 114 Cal. 96; 118 Cal. 395, 400; 127 Cal. 31: 128 Cal. 284; 129 Cal. 327; 134 
Cal. 152; 136 Cal. 266; 138 Cal. 152; 139 Cal. 5; 141 Cal. 413, 559; 142 Cal. 78, 
498, 592; 143 Cal. 470, 546; 146 Cal. 329; 148 Cal. 14; 151 Cal. 163; 154 Cal. 
280, 281, 282; 158 Cal. 539, 541; 1 Cal. App. 129, 300; 2 Cal. App. 55; 6 Cal. 
App. 125; 7 Cal. App. 157. 

Sec. 1112. Irregularity and improper conduct of judges, when 
to annul elections. No irregularity or improper conduct in the 
proceedings of the judges, or any of them, is such malconduct 
as avoids an election, unless the irregularity or improper con¬ 
duct is such as to procure the person whose right to the office 
is contested to be declared elected when he had not rceived 
the highest number of legal votes. 

83 Cal. 78; 108 Cal. Ill; 124 Cal. 13; 136 Cal. 402; 143 Cal. 342, 486, 546, 547, 
549; 148 Cal. 14. 

Sec. 1113. When not to vote. When any election held for an 
office exercised in and for a county is contested on account of 
any malconduct on the part of the Board of Judges of any town¬ 
ship election, or any member thereof, the election cannot be 
annulled and set aside upon any proof thereof, unless the rejec¬ 
tion of the vote of such township, or townships, would change 
the result as to such office in the remaining vote of the county. 

148 Cal. 14. 

Sec. 1114. Illegal votes, when not to vitiate election. Nothing 
in the fourth ground of contest, specified in section eleven hun¬ 
dred and eleven, is to be so construed as to authorize an elec- 


Contest on 
part of 
election 
officers. 


When candi¬ 
date has 
given reward. 


Illegal votes. 


Election, 
when not to 
be set aside. 



250 


CALIFORNIA ELECTION LAWS'. 


Contest 

statement. 


Form of 


When to be 
filed. 


List of num¬ 
ber of illegal 
votes to be 
furnished 
before testi¬ 
mony is 
received. 


Statement, 
when not to 
be rejected 
for want of 
proper form. 


tion to be set aside on account of illegal votes, unless it appear 
that a number of illegal votes has been given to the person 
whose right to the office is contested, which, if taken from him, 
would reduce the number of his legal votes below the number 
of votes given to some other person for the same office, after 
deducting therefrom the illegal votes which may be shown to 
have been given to such other person. 

65 Cal. 286; 83 Cal. 73; 128 Cal. 284; 148 Cal. 547; 148 Cal. 14. 

Sec. 1115. Proceedings on contested elections. When an 
elector contests the right of any person declared elected to such 
office he must file with the County Clerk a written statement 
setting forth specifically: 

1. The name of the party contesting such election and that 
he is an elector of the district, county or township, as the case 
may be, in which such election was held. 

2. The name of the person whose right to the office is con¬ 
tested. 

3. The office. 

4. The particular grounds of such contest. 

Such statement must be verified by the contesting party as 
provided by Section 446 of this Code, and must be filed within 
thirty days after the declaration of the result of the election 
by the body canvassing the returns thereof, except in cases 
where the contest is brought on any of the grounds mentioned 
in subdivision three of section one thousand one hundred and 
eleven, when it must be brought within six months after the 
declaration of the result of the election by the body canvassing 
the returns thereof. 

46 Cal. 403 ; 58 Cal. 207; 65 Cal. 59; 111 Cal. 130; 121 Cal. 479; 141 Cal. 274; 

142 Cal. 504; 143 Cal. 485; 146 Cal. 329; 148 Cal. 14; 158 Cal. 539; 13 Cal. 

App. 274. 

Sec. 1116. Statement of causes of contest in illegal voting. 

When the reception of illegal votes is alleged as a cause of 
contest, it is sufficient to state generally that in one or more 
specified voting precincts illegal votes were given to the person 
whose election is contested, which, if taken from him, will re¬ 
duce the number of his legal votes below the number of legal 
votes given to some other person for the same office; but no 
testimony can be received of any illegal votes, unless the party 
contesting such election deliver to the opposite party, at least 
three days before such trial, a written list of the number of 
illegal votes, and by whom given, which he intends to prove on 
such trial; and no testimony can be received of any illegal votes 
except such as are specified in such list. 

51 Cal. 516; 58 Cal. 211; 105 Cal. 182; 121 Cal. 534; 136 Cal. 4, 277; 142 Cal. 

504; 148 C'al. 14; 11 Cal. App. 587, 588. 

Sec. 1117. Statement of cause of contest. Want of form not 
to vitiate. No statement of the grounds of contest will be re¬ 
jected, nor the proceedings dismissed by any court, for want of 
form, if the grounds of contest are alleged with such certainty 


CODE OF CIVIL PROCEDURE. 


251 


as will advise the defendant of the particular proceeding or 
cause for which such election is contested. 

141 Cal. 275; 143 Cal. 21, 485; 145 Cal. 318; 148 Cal. 14; 1 Cal. App. 3Q0. 

(Note: There were two amended sections 1118 passed at the session of 1907, one 
approved March 18, 1907 (1907:564'), suggested by the commissioner, the latter ap¬ 
proved March 19, 1907 (1907:643). In the first the words “a special session” are 
eliminated, there being under the constitution no special sessions of the superior court. 
The latter amendment, however, is the last expression of the intent of the legislature. 
See ante, Legislation Section 1118.) 

Sec. 1118. Court to set day to hear contested election. Upon 
the statement being filed, the County Clerk must inform the 
.Superior Court of the county thereof, which shall thereupon 
set some day to be named by it, not less than ten nor more 
than twenty days from the date of such order, to hear and deter¬ 
mine such contested election. 

(See note above.) 

Sec. 1118. Special session of court to hear contest. Within 
five days after the end of the time allowed for filing such state¬ 
ments the County Clerk must notify the Superior Court of the 
county or city and county of all statements filed. The court 
shall thereupon order a special session to be held, on some day 
to be named by it, not less than ten nor more than t wen tv days 
from the date of such order, at which session the ballots shall 
be opened and a recount taken, in the presence of ali the par¬ 
ties, of the votes cast for the various candidates in all contests 
where it appears from the statements filed that a recount is 
necessary for the proper determination of such contest or con¬ 
tests. The court shall continue in special session to hear and 
determine all other issues arising in such contested elections, 
and within ten days after the submission thereof the court 
shall file its findings of fact and conclusions of law, and imme¬ 
diately thereafter judgment thereon shall be entered. 

119 Cal. 614, 616; 143 Cal. 21; 148 Cal. 14; 158 Cal. 540; 13 Cal. App. 273, 
274, 275. 

(See note above.) 

Sec. 1119. Clerk to issue citation to respondent. The clerk 
shall thereupon issue a citation for the person whose right to 
the office is contested, to appear at the time and place specified 
in the order, which citation must be delivered to the sheriff, and 
served either upon the party in person, or, if lie cannot be 
found, by leaving a copy thereof at the house where he last 
resided, at least five days before the time so specified. 

148 Cal. 14; 158 Cal. 539, 540, 542, 544, 545, 546; 12 Cal. App. 421; 13 Cal. 
App. 275. 

Sec. 1120. Witnesses, attendance of, how enforced. The Clerk 
must issue subpoenas for witnesses at the request of either 
party, which must be served as other subpoenas; and the Supe¬ 
rior Court shall have full power to issue attachments to compel 
the attendance of witnesses who have been subpoenaed to at¬ 
tend. 

148 Cal. 14. 

Sec. 1121. Power of court. Adjournment of court. The Court 
must meet at the time and place designated, to determine such 
contested election, and shall have all the powers necessary to 


Trial to be 
not less than 
10 nor more 
than 20 days 
from date of 
order. 


Ballots to be 
opened and a 
recount taken, 


Judgment, 

when 

entered. 


Sheriff to 
serve citation, 
when. 


Subpoenas. 


Adjournment, 
»vhen takes 
place. 


252 


CALIFORNIA ELECTION LAWS. 


Court gov¬ 
erned by 
rules of law. 


Issuance and 
annullment of 
certificates. 


Tie vote. 

Canvassing 
body to 
declare. 


Any elector 
may contest 
within 20 
days. 


Procedure. 


the determination thereof. It may adjourn from day to day 
until such trial is ended, and may also continue the trial, before 
its commencement, for any time not exceeding twenty days, 
for good cause shown by either party upon affidavit, at the 
costs of the party applying for such continuance. 

119 Cat 614, 617; 148 Cal. 14; 158 Cal. 540’, 542, 545, 546, 547. 

1122. Rules to govern court in trial of contest. The Court 
must be governed, in the trial and determination of such con¬ 
tested election, by the rules of law and evidence governing the 
determination of questions of law and fact, so far as the same 
may be applicable; and may dismiss the proceedings if the 
statement of the cause or causes of the contest is insufficient, 
or for want of prosecution. After hearing the proofs and alle¬ 
gations of the parties, the Court must pronounce judgment in 
the premises, either confirming or annulling and setting aside 
such election. 

65 Cal. 286; 104 Cal. 664; 121 Cal. 479; 141 Cal. 563; 142 Cal. 373; 148 Cal. 14; 

1 Cal. App. 129; 7 Cal. App. 157. 

Sec. 1123. Court must declare who was elected. Certificate 
of election, to whom issued. If in any such case it appears that 
another person than the one returned has the highest number of 
legal votes, the court must declare such person elected. The 
person declared elected by the Superior Court shall be entitled 
to a certificate of election; and if a certificate has not already 
been issued to him, the County Clerk must immediately make 
out and deliver to such person a certificate of election signed 
by him, and authenticated with the seal of the Superior Court. 
If the Clerk has issued any certificate for the same office to 
any other person than the one declared elected by the court, 
such certificate shall be annulled by the judgment. 

128 Cal. 284; 140 Cal. 651; 141 Cal. 416, 561, 563; 148 Cal. 14; 154 Cal. 284. 

Sec. 1124. Tie vote, in case of, who may contest. Whenever 
the body canvassing the returns of any such election declares 
that no person has received the highest number of votes.given 
for that particular office, any elector of the county, city and 
county, city or political subdivision of either, in which such 
office is to be exercised may, within twenty days after such 
declaration, contest the same by filing with the Clerk a written 
statement setting forth the matters stated in subdivisions one, 
three and four of Section 1115, and also the names of the per¬ 
sons shown by such declaration to have received the highest 
and equal number of votes; which statement must be verified. 

A citation must thereupon be issued to and served upon such 
of said persons receiving an equal number of votes as are not 
contestants as provided in Section 1119. 

Thereupon like proceedings must be had as are provided in 
this title for contesting the right of a person declared elected; 
and all the provisions of this title so far as applicable thereto 
must govern in such proceedings. 


CODE OF CIVIL PROCEDURE. 


253 


If the court finds that some person has received the highest 
number of votes such person must be declared elected. 

(Note: Two sections 1124, almost identical in words, were passed at the session of 
1907^ one approved March 19, 1907 (1907:078) and the other approved March 23, 1907 
(1907:913), the latter at the suggestion of the commissioner. The first should be re¬ 
pealed. The original code section 1124, enacted March 11, 1872, related to fees of 
officers and witnesses and was repealed by code amendments 1880, p. 76.) 

(See following section.) 

Sec. 1124. When canvassing board declares no election, who 
may contest. Whenever the body canvassing the returns of any 
such election declares that no person has received the highest 
number of votes given for that particular office, any elector 
of the county, city and county, city, or political subdivision of 
either, in which such office is to be exercised, may, within 
twenty days after such declaration, contest the same by filing 
with the County Clerk a written statement, setting forth spe¬ 
cifically the matters stated in subdivisions 1, 3 and 4 of Section 
1115, and also the names of the persons shown by such declara¬ 
tion to have received an equal number of. votes; which state¬ 
ment must be verified as provided in said Section 1115. A 
citation must thereupon be issued for and served upon the per¬ 
sons so declared to have received an equal number of votes, 
as provided in Section 1119, unless one of such persons is the 
contestant, in which case the citation need not be issued for or 
served upon him. Thereupon like proceedings must be had as 
are provided in this title for contesting the right of a person 
declared elected; and all the provisions of this title, so far as 
applicable thereto, must govern in such proceedings. 

(Note: There are two sections numbered 1124 to the Code of Civil Procedure; see 
preceding section and note at bottom.) 

Sec. 1125. Costs of Contests. If the proceedings are dismissed 
for insufficiency, or for want of prosecution, or the election is 
by the court confirmed, judgment must be rendered against the 
party contesting such election, for costs, in favor of the party 
whose election was contested; but if the election is annulled 
or set aside, judgment for costs must be rendered against the 
party whose election was contested, in favor of the party con¬ 
testing the same; provided, that where two or more contested 
elections are joined for the purpose of recounting votes as in 
this title provided, the costs shall be apportioned among the 
parties in the discretion of the court. Primarily each party is 
liable for the costs created by himself, to the officers and wit¬ 
nesses entitled thereto, which may be collected in the same 
manner as similar costs are collected in other cases. 

65 Cal. 286; 127 Cal. 33; 143 Cal. 549; 148 Cal. 14; 7 Cal. App. 154. 

Sec. 1126. Appeal. Rights to office pending. Either party 
aggrieved by the judgment of the court may appeal therefrom 
to the District Court of Appeal, as in other cases of appeal 
thereto from the Superior Court; provided, that during the 
pendency of proceedings on appeal, and until final determination 
of such "proceedings, the person declared elected by the Supe- 


See note 
below. 


Judgment for 
costs, when 
rendered, 
against voter 
contesting. 


When 
election is 
annulled. 


Who may 
appeal. 


Who entitled 
to office. 


254 


CALIFORNIA ELECTION LAWS. 


See note 
below. 


When no 
appeal is 
taken within 
ten days 
office is 
vacant. 


rior Court shall be entitled to the office in like manner as if no 
appeal had been taken. 

79 C'al. 483; 114 Cal. 98; 125 Cal. 528; 146 Cal. 325; 148 Cal. 14. 

(Note.—“There were two amended sections 1126 passed at the session of 1907, 
the one approved March 19, 1907 (1907:649), the other approved March 23, 1907 
(1907:913). The latter, which was suggested by the commissioner, inserts the words 
‘within thirty days after notice of entry thereof,’ to make the practice definite. The 
first should be repealed.’’ See Supra, Section 1126 and legislation Section 1126.) 

Sec. 1126. Appeal. Either party aggrieved by the judgment of 
the court may, within thirty days after notice of the entry 
thereof, appeal therefrom to the Supreme Court, as in other 
cases of appeal thereto from the Superior Court. 

(Note.—There are two sections number 1126 to the Code of Civil Procedure. See 
preceding section.) 

Sec. 1127. When election void and office vacant. Whenever 
an election is annulled, or set aside by the judgment of the 
Superior Court, and no appeal has been taken within ten days 
thereafter, the commission, if any has issued, is void, and the 
office vacant. 

Ill Cal. 420; 114 Cal. 96; 129 Cal. 327; 134 Cal. 152; 148 Cal. 14; 151 Cal. 169; 

152 Cal. 270; 158 Cal. 539; 1 Cal. App. 300 ; 2 Cal. App. 573. 


{ 


STATUTES AT LARGE 


General Laws of the State Relating to 
Political Subdivisions and Elections 

INCLUDING 

THE 

DIRECT PRIMARY LAW. 


THE 

PRESIDENTIAL PRIMARY ACT. 


THE 

INITIATIVE AND REFERENDUM. 


RECALL OF ELECTIVE OFFICERS. 


AND 

LOCAL OPTION 








SUMMARY. 

THE DIRECT PRIMARY LAW (See opposite page for Classified Page 
Index)...255 to 289 

PRIMARY ELECTION BALLOTS .. 276 

CANDIDATE'S EXPENSES .290 to 294 

PRESIDENTIAL PRIMARY ACT .295 to 302 

PRESIDENTIAL PRIMARY ELECTION BALLOTS . 298 

CONSOLIDATION OF ELECTIONS ... 302 

VOTING MACHINES ...304 to 322 

CLASSIFICATION OF MUNICIPAL CORPORATIONS.322 to 324 

MUNICIPAL CORPORATIONS (Organization of) .324 to 331 

(Of the Fifth Class, General 
Provisions Relating to) .331 to 335 

(Of the Sixth Class, General 
Provisions Relating to) .335 to 339 

(Initiative and Referendum).339 to 343 

(Annexation Act of 1913).351 to 362 

(Recall of Elective Officers)....362 to 364 

(Public Utilities) .376 to 384 

ANNEXATION ACT OF 1913 .343 to 351 

PUBLIC UTILITY DISTRICTS .365 to 376 

LOCAL OPTION . . .•.385 to 391 






































SUPPLEMENTAL INDEX TO 

THE DIRECT PRIMARY LAW 

(Page 255 to Page 290.) Page 

DIRECT PRIMARY LAW. (See also Primary Elections, General Index.) 
Abstract of Votes, Sec. 22 .279 

Additional dublicate statement for each candidate, Sec. 22.279 

Absence of members of election board, Sec. 20.278 

Act to provide for and regulate Primary Elections.255 

Construction to be liberally construed, when not to apply, 

Sec. 1, Subd. 9c .:.256 

Definitions of words and phrase where used in, Sec. 1.255 

Election, nominations, and etc., that act does not apply to, Sec. 2.257 

In case sections are held unconstitutional, Sec. 35...289 

Repeal of other acts, Sec. 36 .289 

Secretary of State and Attorney General to prepare forms, Sec. 33 .... 289 

Title of act, Sec. 34 ..289 

Violations of, penalty, Sec. 31 and 32 .!..288-289 

When not to apply, Sec. 2, .:. ; .257 

Affidavit, candidates, when to be filed and with whom, Sec. 5, Subd. 4.265 

Registration, original affidavit to be furnished at polls, Sec. 15.277 

Verification deputies, Sec. 5, Subd. 3 .263 

To be attached to each section or 

nomination paper, Sec. 5, Subd. 3.262 

Appointment, of verification deputies, sec. 4, subd. 2a . 259 

Additional Deputies, Sec. 5, subd. 2a.259 

Apportionment of county central committee, Sec. 24, Subd. 4.283 

Arraingment of names. See ballo*ts; Nomination. 

Names on ballot, order of precedence. Sec. 12, subd. 5.272 

State Senator, assemblymen, delegate to State Convention, County 

Central Committee, other offices, Sec. 12 Subd. 7c.274 

August Primary Election, when held, Sec. 3...257 

Candidates to be nominated, or party delegates or party committees 

to be elected, Sec. 1, Subd. 2.255 

When Secretary of State is to transmit list of nominees, Sec. 10.269 

Ballots. (See also General Index for code sections applicable.) 
Arrangement of names on. 

By Secretary of State, Sec. 12, Subd. 7a.272 

City or town where charter does not provide, 

Sec. 12, Subd. 7d ...274 

County Clerk or registrar to arrange names wholly 

within county, or city and county, Sec. 12, Subd. 7b.274 

County committee, Sec. 12, Subd. 5.272 

Office, Sec. 12, Subd. 5 .272 

Filed with Secretary of State, order of, Sec. 12, Subd. 7a.273 

Judicial Office, Sec. 12, Subd. 5.272 

Non-partisan ballot, Sec. 12, Subd. 5.272 

Order of precedence, Sec. 12, Subd. 5 and 7.272-3 

School office, Sec. 12, Subd.5 .272 

State officers, Sec. 12, Subd. 5.272 

Senator, assemblymen, deleagte to State convention, 

county central committee, Sec. 12, Subd. 7c.274 

Township office, Sec. 12, Subd. 5..272 

U. S. senators, representatives in congress, Sec. 12, Subd. 5....272 

Blank spaces, Sec. 12, Subd. 4 and 10...271 & 275 

Candidates in parallel columns, Sec. 12, Subd. 5.272 

Names arrangement for particular office, Sec. 12, Subd. 7a.273 

Canvass of, code provisions, applicable, Sec. 21 .278 

How conducted, when to begin, Sec. 21.278 

Partisan and non-partisan to be returned in separate 

envelopes, Sec. 21 .278 

City clerk when to provide for other primary elections, 

Sec. 12, Subd. 1 .270 















































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) 

Ballots—Continued. Page 

Clerk or registrar of voters to provide, Sec. 12.270 

County central committee, names of to be included on, 

Sec* 24, Subd. 4.283 

Different color for each political party, Sec. 12, Subd. 1.270 

Tints for each political party, Sec. 12, Subd. 1 .270 

Errors or omissions on, proceedings, Sec. 27.285 

Groups of candidates, how printed, Sec, 12, Subd. 9.274 

How folded by voters, Sec. 19 .278 

Printed, Sec. 12, Subd. 2.271 

Instruction to voters, Sec. 12, Subd. 4-5.271 

In folding and marking ballot, Sec. 17.278 

Names of candidates, how printed, Sec. 12, Subd. 3.271 

Non-partisan, form of .276 

Identical as to offices and names, with portion of party ballot, 

Sec. 12, Subd. 5 ...272 

Tint and color different from others, Sec. 12, Subd. 1.270 

To be furnished to each voter not affiliated with any party 

Sec. 12 . 270 

To whom furnished, Sec. 12, Subd. 1.270 

What to contain, Sec. 12, Subd. 1.270 

When to be mailed, Sec. 13 .276 

Number of to be furnished to each precinct, Sec. 13.276 

Code provisions applicable, Sec. 13 .276 

Official, how distributed, code provisions applicable, Sec. 13.276 

For city office, Sec. 13 ..*..276 

Official paper, by whom provided, Sec. 12, Subd. 1.270 

Primary election, form of .276 

Separate for each political party, Sec. 12. v ...270 

Order of publication by county clerk of names and addresses of 

candidates, Sec. 12, Subd. 8.274 

Political party to whom furnished, Sec. 12, Subd. 1.271 

Primary, other than August, by whom furnished, Sec. 12, Subd. 1....270 

Printing on back. Sec. 12, Subd. 10 .275 

Names of candidates, blank spaces under, number of, 

Sec. 12, Subd. 10 .274 

Manner of, Sec. 12, Subd. 10 .275 

Number on, Sec. 12, Subd. 10 .275 

Perforated line, Sec. 12, Subd. 10 .275 

Type used, Sec. 12, Subd. 3 .271 

Recount of, in case of election contest, Sec. 26-27-28.284-285 

Separate for each political party, Sec. 12, Subd. 1.270 

Size of, Sec. 12, Subd. 2 .271 

Spoiled or defaced, voter to return to ballot clerk and receive 

another, Sec. 17 . 278 

Stamping by voter, Sec. 18 ...278 

Stub books, number of ballots to contain, Sec. 12, Subd. 10.275 

Type used for printing, Sec. 12, Subd. 3, 9 and 10.271 & 274-5 

Voter designating choice on, manner of procedure, Sec. 18.278 

What to contain, Sec. 12 .270 

When not to be rejected for want of technical errors, Sec. 18.278 

Ballot, sample 

August primary, when to be mailed to voters, Sec. 13.276 

City election, how prepared and distributed, Sec. 13..276 

Copy of to be posted in conspicuous place in office of clerk or. 

registrar, Sec. 13 .276 

Presidential primary, when to be mailed to voters, Sec. 13.276 

To be of different texture than the official ballot, Sec. 13.276 

When to be mailed to registered voters, Sec. 13.276 




















































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) Page 

Basis of percentage, signatures to nomination papers, Sec. 5, Subd. 9 

and Sec. 6, Subd. 5 ..... . 267 

Nominations, judicial, school, county or township offices, 

Sec. 5, Subd. 6 . 265 

Of electors registered, Sec. 1, Subd. 9b .Z"ZZ""""~Z!256 

Board of election commissioner, when to determine grouping of 

names on ballot, Sec. 12, Subd. 5 .273 

Officers, duty of, Secs. 14-23 .277-280 

Bribes, excepting or offering, either party guilty of a misdemeanor, 

Sec. 32 .....289 

Campaign expenses, lawfully defined, Sec. 29, (see also candidates).287 

candidates filing fee, Sec. 29, Subd. 1.287 

Disabled voters, Sec. 29, Subd. 10 .288 

Printing posters, etc. Sec. 29, Subd. 6.288 

Rent, furnishing of hall, etc., Sec. 29, Subd. 4.287 

Traveling expenses, Sec. 29, Subd. 3 . 287 

Candidates for elective offices. (See also nomination, and general index.) 

Affidavit, last day of filing of, Sec. 5, Subd. 4,.265 

When to be filed, Sec. 5, Subd. 4.265 

Are nominated by direct vote, Sec. 2.257 

Arrangement on ballot, Sec. 12, Subd. 7.273 

On printed notice, duty of county clerk or registrar, 

Sec. 12, Subd. 3 .274 

Campaign expenses, Sec. 29-30 .287-8 

Certificate of nomination, by whom issued, Sec. 23 .280 

Not to be issued before statement of expenses is filed, Sec. 30.288 

Consent for nomination, Sec. 5, Subd. 2b .260 

Defeated at primary election, ineligibility for nomination at 

general election, Sec. 5, Subd. 8.266 

Designation of, on ballot, Sec. 12 .•..270 

For more than one political party for same office, Sec. 5, Subd. 4.265 

Fee must be paid before filing papers, Sec. 7, Subd. 7.268 

Received by counties, to whom paid, Sec. 8.268 

Municipalities, to whom paid, Sec. 8.268 

For judicial, school, county or township office, how nominated, 

Sec. 5, Subd. 2b and Subd. 6.261 & 265 

Grouping and printing names on ballot, Sec. 12, Subd. 5-6-7-8-9-10....271-5 

How nominated, Sec. 2 .257 

Electors of president and vice-president, Sec. 2.257 

U. S. senator, Sec. 2.257 

Index to nomination papers, form of, Sec. 5, Subd. 4.264 

Independent nominations, code provisions applicable, Sec. 5, Subd. 8..266 

List of, how to appear on ballot, Sec. 12, Subd. 7.273 

Publication by county clerk, Sec. 10-11 .269-270 

Transmission of to county clerk or registrar, Sec. 12, Subd. 7a.273 

Method of getting name on ballot, Sec. 5.258 

Must notify excessive signers to nomination papers, Sec. 6, Subd. 5..267 
Nominated, without having filed nomination papers, procedure, 

Sec. 25 .284 

Nomination papers, first day signatures may be secured, 

Sec. 5, Subd. 3 .261 

Form of, Sec. 5 .258 

How to be signed, Sec. 5, Subd. 5..-..265 

Must be filed by, Sec. 5, Subd. 1.258 

Number of signatures required, Sec. 5, Subd. 5-6-7.265 

To be numbered and indexed, Sec. 5, Subd. 4.263 

When must be filed, and with whom, Sec. 5, Subd.l-2a, 

page 259, Subd. 4, page 264, and Sec. 6.267 

When presented in sections who competent to sign, 

Sec. 5, Subd. 3 .- 


266 















































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) 

Candidates—Continued. Page 

No fee charge for filing statement of expenses, Sec. 30.288 

Penalty for violating law relating to campaign expenses, Sec. 31.288 

Violations of act, Sec. 31, and Sec. 32.1.288-9 

Per centum of signatures required, Sec. 5, Subcl. 5.265 

Procedure in case of contest of nomination, Sec. 28.285 

Rights of, Sec. 5, Subd. 4..265 

Signatures to nomination papers, number of, sufficient, 

Sec. 6, Subd. 5 .267 

Statement of expenses, to be recorded by county recorder, Sec. 30....288 

With whom filed, Sec. 30 .288 

That are declared nominated, Sec. 23.280 

Time of filing nomination papers, Sec. 5, Subd. 1.258 

Type used in printing names of on ballot, Sec. 12.270 

Verified statement of expenses, duplicate statement, when to be 

filed, Sec. 30 .288 

Verification deputies, appointment of, Sec. 5, Subd. 2a.259 

Withdrawal from party other than his own, when, procedure, Sec. 25..284 

Who may propose, for nomination, Sec. 5, Subd. 2b.-..260 

Who are not required to pay filing fees, Sec. 7, Subd. 6,.268 

Canvass of returns, how made, Sec. 22 .279 

Secretary of State, when to compile returns, Sec. 22.279 

Statement of result, duty of clerk or registrar, Sec. 22.279 

Supervisors to commence at 1 P. M. August 27th, Sec. 22.279 

Complete by 6 P. M. September 10th, Sec. 22.279 

Clerk of board to declare statement of result, Sec. 22.279 

Of votes, ballots of each party to be strung separately, Sec. 21.278 

Code provisions applicable, Sec. 21 .278 

Duty of election judges, Sec. 22.279 

How conducted, Sec. 21 .278 

Separate envelope for ballots of each party, Sec. 21.278 

Non-partisan ballots, Sec. 21 .278 

Tallies, how kept, Sec. 21 .279 

When to begin, Sec. 21 .278 

Certificate, (see also appointment, candidates, elections). 

Of apopintment of verification deputies, when to be filed, 

Sec. 5, Subd. 1 & 2a.258-9 

Examination of nomination papers by county clerk or registrar 

of voters, Sec. 5, Subd. 4.274 

Nonimation, issued only after statement of expenses is filed, 

Sec. 30 .288 

To presidential electors, Sec. 23 .:.281 

To whom issued, Sec. 23 .280 

Charters, ^counties and cities, act does apply to, Sec. 2.257 

Challenge of voter, who may challenge, Sec. 16.277 

Code sections applicable, Sec. 16 .277 

Grounds for, Sec. 16 .277 

Cities, that act does not apply to, Sec. 2.257 

Of the sixth class, act does not apply to, Sec. 2.257 

Contest of nomination, method of, Sec. 28.285 

Additional judges to determine contest, Sec. 28.285 

Affidavit of contestor, when to be filed, Sec. 28.285 

Ballots, how opened, Sec. 28 .287 

Contestant to mail copy of affidavit to contestee, Sec. 28.285 

County clerk, when to post notice, Sec. 28.285 

In more than one county, Sec. 28.287 

Procedure for recount of votes, Sec. 28.286 

Recount of ballot, Sec. 28.285 

Time and place of holding contest, Sec. 28.286 




















































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

r " Page 255 to Page 290.) Page 

Conventions (see party conventions.) 

Counties, charter, that act does not apply to, Sec. 2.257 

County central committee, (see also party conventions). 

Apportionment of, duty of county clerk or registrar, 

Sec. 24, Subd. 4 .283 

Names to go on ballot, Sec. 24, Subd. 4 .284 

Sample ballots of each political party to be submitted to 

chairman by clerk or registrar, Sec. 13 .276 

Statement by clerk or registrar of number of members to 

elected, Sec. 4, Subd. 2 .258 

Time of completing number of members, by clerk or 

registrar, Sec. 24, Subd. 4 .283 

When and how elected, and where to meet, Sec. 24, Subd. 4.284 

When to fill certain vacancies in party conventions, 

Sec. 24, Subd. 2 .282 

Counting ballots cast, Sec. 21, (see canvass of votes).274 

County clerk or registrar. 

Failure to file nomination papers, penalty, Sec. 32, Subd. 2.289 

Fee received from candidate, disposal of, Sec. 8.268 

In counties where political subdivisons are changed, how to 

determine the highest vote, Sec. 5, Subd. 7.266 

Lists of officers and candidates to be published, Sec. 10.269 

Official ballots, number to be distributed, Sec. 13.276 

Newspapers in which to publish provisions of act, Sec. 11.270 

Nomination papers that are to be filed with, Sec. 6, Subd. 2...267 

Not to receive fees from certain candidates, Sec. 7, Subd. 6.268 

File nomination papers before fees have been paid, 

Sec. 7, Subd. 7 .268 

Receive sections of nomination papers in excess of basis of 

percentage, Sec. 6, Subd. 4 .:.267 

To examine nomination papers, and issue certificates of 

examination, Sec. 5, Subd. 4 .264 

Forward to secretary duplicate statement of returns, Sec. 22.279 

Provide official ballots, Sec. 12 .270 

When to arrange, number and index sections of nomination 

papers, Sec. 5, Subd. 4 .263 

Complete number of members allotted to county 

central committee, Sec. 24, Subd. 4.283 

Forward nomination papers to Secretary of State, 

Sec. 5, Subd. 4 .264 

Secretary of State total number of voters 

registered, Sec. 4, Subd. 1 .258 

Total number of voters declining or failing 
to declare political affiliations, 

Sec. 4, Subd. 1, .258 

Issue certificates of nomination, Sec. 23.280 

Prepare and mail to voters separate sample ballots, 

Sec. 15 .276 

Present affidavits, etc., of contest to judge, Sec. 28.286 

Publish date of election, the hours polls are open, 

and describe polling places, Sec. 10.269 

List of nominees, Sec. 10.269 

Members of county central committee to be 

elected, Sec. 4, Subd. 2.258 

Nominations to be made, Sec. 4.258 

Post notice of election contest, Sec. 28.285 

Present affidavits, etc., of contest to judge, Sec. 28.286 

Receive for filing candidates affidavit, Sec. 5, Subd. 4.267 

Send Secretary of State complete copy of returns, Sec. 22....279 

When filing of candidates affidavit ceases, Sec. 5, Subd. 4.265 

Statement of receipts and expenditures ceases, Sec. 30....288 








































Page 


SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) 

When filing of certificate of appointment of verification deputy 

ceases, Sec. 5, Subd. l-2a-8.258, 263, 266 

Of nomination papers ceases, Sec.5, Subd. 1-4-8....258,263,266 

Qualification of political party ceases, Sec. 1, Subd. 9.256 

County offices, names of candidates for, printed on non partisan 

ballot, Sec. 12 ..270 

Courts corrections of errors, Sec. 27.285 

Delegates to conventions, Sec. 24. (See also party conventions).281 

Arrangement of names of ballot, Sec. 12, Subd. 7c.274 

Presidential conventions, when called, Sec. 24, Subd. 2.282 

State conventions, when called, Sec. 24, Subd. 2.281 

District elections, that act does not apply to, See. 2.257 

Duty of county recorder, Sec. 30 .....288 

Election, defined, Sec. 1 .255 

August primary, when held, Sec. 3 .257 

May presidential primary, when held, Sec. 3.257 

Officers, how appointed, duty of, code provisions applicable, 

Sec. 15 .277 

Primary, other than the August primary and May presidential 

primary, Sec. 3 .257 

Election board, absence of members, Sec. 20 .278 

Compensation and duties of, Sec. 15 .277 

How appointed, Sec. 15 .277 

When may adjourn, Sec. 20 .278 

Election commissioners, duty of, Sec. 22. 279 

Expenses of, Sec. 9 .269 

Executive committee, who may select, Sec. 24, Subd. 3.283 

Expenses. (See campaign-candidates.) 

Fees. (See county clerk.) 

Of candidates for city offices, Sec. 7, Subd. 5.268 

Freeholders. (See charters.) 

Hold-over senator, how definition applies, Sec. 24, Subd. 2.282 

Holidays, Sec. 3 . 257 

Independent nominations, when not to prohibit, Sec. 5, Subd. 8.266 

Index to affidavits to be furnished at polls, Sec. 15.277 

Nomination papers, Sec. 5, Subd. 4 .263 

Instruction to voters, must register 30 days before election, Sec. 17.257 

On ballots, Sec. 12, Subd. 5 .271 

Judicial offices, non-partisan ballot for, Sec. 12.270 

Misdemeanor and offenses, Sec. 31 and 32 ...288-9 

Municipal elections, when act shall not apply to, Sec. 2.257 

Newspapers, that notices are to be published in, Sec. 11.270 

Nomination (see also candidates-county clerk.) 

Affidavit of candidate, when to be filed, Sec. 5, Subd. 4.265 

Appointment of verification deputies, Sec. 5, Subd. 2.269 

Bribery in connection with, Sec. 32.,.289 

Candidates, how nominated, Sec. 2 .257 

Contesting, method of, Sec. 28 .285 

Papers. 

Basis of percentage in securing signatures, 

Sec. 5, Subd. 5, 6, 7, 8, 9, .265-7 

Fees for filing, Sec. 7 .268 

For judicial, school, county or township office, 

Sec. 5, Subd. 3 .263 

For non-partisan candidate, Sec. 5, Subd. 3.261 

Form of, Sec. 5 .258 

How signed, duty of signers, Sec. 5 .258 

May be circulated in sections, Sec. 5, Subd. 3.262 

Must be numbered, indexed, and fastened together 

before filing, Sec. 5, Subd. 4 .•..263 

Number of signatures required, Sec. 5, Subd. 5-9.265-7 

Sections of, how returned, Sec. 5, Subd. 3.262 



















































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) 

Nomination—Continued. Page 

Papers, to contain affidavit of verification deputies, 

Sec. 5, Subd. 3 .262 

What to contain, Sec. 5, Subd. 3 .262 

Signatures necessary for, Sec. 5, Subd. 5-9 .265-7 

When to be filed, and with whom, Sec. 5, and Sec. 6.258, 267 

Where and how to be filed, Sec. 5 .258 

Shall be by direct vote, Sec. 2 .257 

Suppression of, a misdemeanor, Sec. 32, Subd. 2...289 

Non-partisan. (See candidate-nomination-ballots.) 

Notice. (See county clerk-cities.) 

November election, defined, Sec. 3-4 . - .257-8 

Offenses, what are, penalty, Sec. 31-32.288-9 

Officer. (See county clerk-election board.) 

Official. (See ballot.) 

Party conventions, Sec. 24, (see also delegates-county clerk.).281 

County central committee, Sec. 24 Subd. 4.283 

Duty of county clerk or registrar, 

Sec. 24-13 .276 & 283 

Election for, how conducted, 

Sec. 24, Subd. 4, .283 

Delegates names to appear on 
primary ballot, 

Sec. 24, Subd. 4.284 

Where and when to 
meet, Sec. 24, Subd. 4....284 
How elected, in counties containing less 
than five assembly districts, 

Sec. 24, Subd. 4 .284 

In counties, containing five or more 
assembly districts, number of, and 

how elected, Sec. 24, Subd. 4.284 

Registration of voters, what to show on 
first Monday in June, Sec. 24 Subd. 4....284 
When to fill vacancies, Sec. 24, Subd. 2....282 
Membership in, not granted to certain nominees, Sec. 24, Subd. 2....282 

National, certificate of election to be issued to delegate, Sec. 23.280 

State conventions, how conducted, Sec. 24.„281 

Central committee, how" established, Sec. 24, Subd. 2...282 

Credentials, of delegates appointed, Sec. 24, Subd. 2c.283 

Delegate, when not disqualified by reason of holding 

office, Sec. 24, Subd. 2 .282 

Electors for president and vice-president, how nominated 

Sec. 24, Subd. 2 .282 

To be placed up«n November ballots, Sec. 24, Subd. 2..282 

Members must be on primary ballot, Sec. 24, Subd. 2.282 

Party platforms, formation of, Sec. 24.281 

When to be made public, Sec. 24.281 

Vacancies, how filled, Sec. 24, Subd. 2 .282 

When called, where to meet, and what duties to perform, 

Sec. 24 .281 

Party, organization of, Sec. 1, Subd. 9.256 

Name must not be similar to an existing organization, 

Sec. 1, Subd. 9c .256 

Party platform. (See party conventions.) 

Party tickets, separate ones at primary elections, Sec. 5, Subd. 6.266 

To be identical in designation in candidates for judicial, 

county, school, and township office, Sec. 5, Subd. 6.266 

Application of general laws to, Sec. 32, Subd. 3.289 

Bribes, giver or taker of, guilty misdemeanor, Sec. 32.289 

Code provisions, Sec. 40-64^4 .235-245 




































SUPPLEMENTAL INDEX TO 
THE DIRECT PRIMARY LAW. 

(Page 255 to Page 290.) 

Penal provisions applicable to. Page 

Penalty for violations of act, Secs. 31-32 ..288-9 

Plurality vote, nominates, Sec. 23 .280 

In case there is but one person to be elected at the 

November election to certain offices, Sec. 23.280 

Political code sections, cited in act. 

Section 1096, Sec. 15, Sec. 16, Sec. 17 .-.277 

1113, Sec. 5, Subd. 4, and Sec. 15.263 & 277 

1188, Sec. 5, Subd. 8 .266 

1196, Sec. 12 .270 

1198, Sec. 13 .276 

1199, Sec. 13 .276 

1201, Sec. 13 ...276 

1230, Sec. 16 .,..277 

1253 to Sec. 1268 inclusive, Sec. 21.278 

Political parties. 

Shall be entitled to separate party tickets at primary, 

Sec. 5, Subd. 6 ... 266 

Qualifications as to, Sec. 1, Subd. 9 ..256 

Polls when opened and closed, Sec. 14.277 

Presidential electors, how’ nominated, (see party conventions.) 

Presidential primary election, w T hen held, Sec. 3, (see general index.).257 

Primary elections defined, Sec. 1, (see also general index.).255 

Code sections applicable , (see general index.) 

Officers of, general laws applicable, Sec. 15.277 

Qualifications for by voters, Sec. 17 .'..277 

When held, Subd. 3 ..257 

When to be published, Sec. 10 .269 

Publication of notices, (see county clerk.) , 

Qualifications of voters, Sec. 17 .277 

Recount of votes, in election contests, Sec. 28 .285 

Registration, original affidavits of to be used at polls, Sec. 15.277 

Statement of to be forwarded to secretary of State, Sec. 4...258 

Rejection of ballots, (see ballots.) 

Residence, Sec. 17, (see also general index.).277 

Returns, canvass of, (see also county clerk-election board), Sec. 22.279 

Sample ballot, (See ballots.) , 

School districts, act not applicable to nomination of offices, Sec. 2.257 

School offices, non-partisan ballot for, Sec. 12 .270 

Signatures to nomination papers, (see nomination-county clerk.) 

Special elections that act does not apply to, Sec. 2.. x .257 

State central committee, (see party conventions.) 

Stub books, (see ballots.) 

Supervisors to canvass returns, Sec. 22 ......279 

Supreme court decisions of relating to act, Sec. 28.285 

Tie vote, how determined, Sec. 26......... 41 

Candidates to be summoned, Sec. 26 .284 

Tickets, (see ballot.) 

Township offices, candidates for, to go on non-partisan ballot, 

Sec. 12 .,.270 

U. S. Senators (see candidates-nominations.) 

Vacancies, special elections, act does not apply to, Sec. 2...257 

On ballots by withdrawal of candidate, how r filled, Sec. 25.284 

Validity of act, Sec. 35 .289 

Verification (see candidates-county clerk-nominations.) 

Votes (see also board of election-county clerk-canvass-general index.) 

Canvass of, how conducted, Secs. 21-22 .278-9 

How determined in case of tie, Sec. 26.284 

Candidate to be summoned, Sec. 26.284 

Recount of, in case of election contest, Sec. 28.!.285 

Voting, manner of, Sec. 12 .270 














































255 


THE DIRECT PRIMARY LAW 1913 

(Approved June 16, 1913.) 

An Act s io provide for and regulate primary elections, and pro¬ 
viding a method for choosing the delegates for political parties 
to state conventions and for nominating electors of President 
and Vice-President of the United States, and providing for 
the election of party county central committees. 

Section 1. Definitions. Words and phrases where used in 
this act shall, unless such construction be inconsistent with 
the context, be construed as follows: 

1. The words “primary election,” any and every primary 
nominating election provided for by this act. 

2. The words “August primary election,” the primary elec¬ 
tion held in August to nominate candidates to be voted tor 
at the ensuing November election or to elect members of a 
party central committee or delegates to a party convention. 

3. The words “May presidential primary election” any such 
primary election, held in May of each year of the general 
November election at which electors of President and Vice- 
President of the United States are to be chosen, as shall pro¬ 
vide for the indication of preference in the several political 
parties for party candidates for President of the United States 
through the election of delegates to national party conventions. 

4. The word “election,” a general state, county, city or city 
and county election as distinguished from a primary election. 

5. The words “November election,” either the presidential 
election, or the general state, county, or city and county elec¬ 
tion held in November of each even numbered year. 

6. The words “judicial officer,” any justice of the supreme 
court, justice of a district court of appeal, judge of the super¬ 
ior court, justice of the peace, or justice of such inferior court 
as the legislature may establish in any county, township, incor¬ 
porated city or town, or city and county; and the words 
“judicial office,” the office filled by any of the above judicial 
officers. 

7. The words “school officer,” the superintendent of public 
instruction and the superintendent of schools of a county or 
city and county; and the words “school office,” the office filled 
by any of the above school officers. 

8. The words “county officer,” any officer elected within the 
boundaries of any county or city and county, except a member 
of the State Senate or Assembly or a member of the House of 
Representatives of the Congress of the United States or a 
member of any party county central committee or delegate to 
a state convention from a holdover senatorial district; and the 
words “county office,” the office filled by any county officer. 


August 

primary 

election. 


May presiden¬ 
tial primary 
election. 


Election. 


November 

election. 


Judicial 

officer. 


School 

officer. 


County 

officer. 

Township 

officer. 


256 


CALIFORNIA ELECTION LAWS'. 


Political 
party—party— 
poLUical organ¬ 
ization—or or¬ 
ganization. 


Qualifications, 
as political 
party. 


Per cent of 
vote. 


Per cent of 

electors 

registered. 


Petitions, 
when to be 
filed with 
Secretary of 
State. 


How 

transmitted. 


Construction 
of this act. 


The words “township officer,” any such county officer as is 
elected within the boundaries of any judicial township that is 
now or may be hereafter provided by law; and the words 
“township office,” the office filled by any township officer. 

9. The word or words “political party,” “party,” “political 
organization,” or “organization,” a political party or organ¬ 
ization of electors which has qualified, as hereinafter provided, 
for participation in any primary election; and such party or 
organization shall be deemed to have so qualified when any 
one or more of the three following conditions have been com¬ 
plied with: 

a. If at the last preceding November election there was 
polled for any one of its candidates who was the candidate of 
such party only for any office voted on throughout the state, 
at least three per cent of the entire vote of the state, or for any 
one of its candidates who was the joint candidate of such party 
and any other party for any office voted on throughout the 
state, at least six per cent of the entire vote of the state; or 

b. If on or before a date which shall be the fiftieth day 
before any primary election, there shall have registered within 
the state, as intending to affiliate with such party or organiza¬ 
tion as shall have been designated in their affidavits of regis¬ 
tration, qualified electors equal in number to at least three per 
cent of the total number of electors registered throughout the 
state for the last preceding November election; the number of 
such registered qualified electors to be determined by the 
Secretary of State from the statements transmitted to him 
as required by Subdivision 1 of Section 4 of this act; or 

c. If on or before a date which shall be the fiftieth day 
before any primary election, there shall be filed with the Secre¬ 
tary of State a petition signed by registered qualified electors 
of the state, whether registered as intending to affiliate with 
any political party or not, equal in number to at least three 
per cent of the entire vote of the state at the last preceding 
November election, declaring that they represent a political 
party or organization the name of which shall be stated therein, 
which party said electors desire to have participate in such 
primary election; such petition to be circulated, signed, and the 
signatures thereon of the registered electors certified to and 
transmitted to the Secretary of State by the County Clerks 
substantially as provided in Section 5 of this act, for the circu¬ 
lation, signing, certification, and transmission of nomination 
papers for state officers; providing, however, that no electors 
or organization of electors shall assume a party name or desig¬ 
nation which shall be so similar to the name of an existing 
party or organization as to mislead voters. 

This statute shall be liberally construed, so that the real will 
of the electors shall not be defeated by any informality or 
failure to comply with all the provisions of law in respect to 


THE DIRECT PRIMARY LAW. 


257 


either the giving of any notice or the conducting of the primary 
election or certifying the results thereof. 

In each county and city and county in this state, having a 
Registrar of Voters, or Registrar of Voters and a Board of 
Election Commissioners, the powers conferred and the duties 
imposed in this statute upon a County Clerk and his deputies, 
and other officers, in relation to matters of election and polling 
places, shall be exercised and performed by such Registrar of 
Voters or his deputies, or Registrar of Voters or his deputies 
and Board of Election Commissioners; and all nominating 
papers, list of candidates, expenses, and oaths of office, required 
by this statute to be made to County Clerks, shall be filed with 
the Registrar of Voters. 

Sec. 2. Candidates shall be nominated by direct vote. 

All candidates nominated at a primary election for elective 
public offices shall be nominated by direct vote at such elec¬ 
tion held in accordance with the provisions of this act; pro¬ 
vided, that electors of President and Vice-President of the 
United States shall be nominated as provided in Subdivision 
2 of Section 24 of this act. Party candidates for the office 
of United States Senator shall have their names placed on the 
official primary election ballots of their respective parties and 
shall be in all respects nominated in the manner herein provided 
for State officers. This act shall not apply to special elec¬ 
tions to fill vacancies; nor to the nomination of officers 
of municipalities, counties, or cities and counties whose 
charters provide a system for nominating candidates for such 
officers; nor the nomination of officers for any district not 
formed for municipal purposes; nor to the nomination of free¬ 
holders to be elected for the purpose of framing a charter; 
nor to the nomination of officers for cities of the sixth class; 
nor to the nomination of school district officers. 

Sec. 3. August primary election. The August primary 
election shall be held at the legally designated polling places 
in each precinct on the last Tuesday in August, for the nomi¬ 
nation of all candidates to be voted for at the ensuing Novem¬ 
ber election. The day of the August primary election and the 
day of the May presidential primary election are hereby declared 
to be holidays within the meaning of Section 10 of the Political 
Code. Any person entitled to vote at such August or May 
primary elections shall, on the day of such election, be entitled 
to absent himself from any service or employment in which 
he is then engaged or employed, for the period of two con¬ 
secutive hours, between the time of opening and the time of 
closing the polls; and such voter shall not, because of so ab¬ 
senting himself, be liable to any penalty, nor shall any de¬ 
duction be made, on account of such absence, from his usual 
salary or wages. Any primary election other than the August 
primary election, or May presidential primary election shall 
be held on Tuesday, three weeks next preceding the election 
for which such primary election is held. 


In counties 
having a reg¬ 
istrar of 
voters. 


How trans¬ 
mitted. 
Papers that 
are to be 
filed with 
Registrar of 
V oters. 


Candidates, 
how nominated 


President 
and Vice- 
President. 


United States 
Senators. 


Special 
elections to 
fill vacancies. 


Charters, 
Counties and 
Cities. 


Primary 
election, 
when held. 


Legal holi¬ 
days. 


Other primary 
elections, 
when held 


258 


CALIFORNIA ELECTION LAWS. 


Statements 
of electors 
registered, 
when trans¬ 
mitted. 


Secretary of 
State shall 
forty days 
before elec¬ 
tion transmit 
notice of 
offices. 


County 
Central 
Committee, 
duty of clerk 
or registrar. 


Publication 
of notice. 


Publication 
of notice 
August 
primary. 


Publication 
of notice of 
other pri¬ 
maries. 


Candidates, 
time of filing 
nomination 
papers. 


Sec. 4. County Clerk shall transmit statement of electors 
registered. 1. On the first Monday in February, on the 
Monday which is the fiftieth day before the first Tuesday in 
May, on the first Monday in June, and on the Monday which is 
the fiftieth day before the last Tuesday in August, in each 
even numbered year, the County Clerk or Registrar of Voters 
of each county or city and county shall transmit a statement 
to the Secretary of State of the total number of electors regis¬ 
tered in his county since the first day of January next pre¬ 
ceding, together with the number so registered under each 
of the several politicial affiliations, and also the number de¬ 
clining or failing to declare such affiliation. At least forty days 
before the time of holding the August primary election in 1914 
and biennially thereafter, the Secretary of State shall prepare 
and transmit to each County Clerk and to the Registrar of 
Voters in any city and county a notice in writing designating 
the offices for which candidates are to be nominated at such 
primary election, together with the names of the political par¬ 
ties qualified to participate in such election. 

2. Within ten days after receipt of such notice such County 
Clerk or Registrar of Voters in any city and county shall 
publish once in each week for two successive weeks in not 
more than two newspapers published in such county or city 
and county so much thereof as may be applicable to his county, 
including a statement of the number of members of the county 
central committee to be elected by each political party in each 
Supervisorial or Assembly district, as the case may be, accord¬ 
ing to the provisions of Subdivision 4 of Section 24 of this act. 

3. In the case of August primary elections for the nomi¬ 
nation of candidates for city or city and county officers to be 
voted for at the November election in the odd-numbered years, 
the City Clerk or secretary of the legislative body in any such 
city or the Registrar of Voters in any such city and county 
shall cause the publication of notice of such primary election, 
together with a complete statement of the offices for which 
candidates are to be nominated, once in each week for two 
successive weeks in not more than two newspapers of general 
circulation published in such city or city and county, the last 
publication to be made not more than forty and not less than 
fourteen days before such primary election. 

4. In the case of primary elections other than the August 
primary elections the City Clerk or secretary of the legislative 
body of the political subdivision for which such primary election 
shall be held shall cause one publication of such notice to be 
given, such publication to be not more than forty and not less 
than fourteen days before such primary election. 

Sec. 5. Method of getting name on ballot. 1. The name of 
no candidate shall be printed on an official ballot to be used 
at any primary election unless at least forty days prior to the 
primary election, if the candidate is to be voted for at the 


THE DIRECT PRIMARY LAW. 


259 


August primary election or the May presidential primary elec¬ 
tion, and at least twenty days prior to the primary election, if 
the candidate is to be voted for at a primary election other 
than the August or May primary election, a nomination paper 
shall have been filed in his behalf as hereinafter provided by 
this act. 

2. (a) The candidate may appoint verification deputies to 

serve within the county or city and county in which such 
deputies reside in securing signatures to his nomination paper 
for nomination to the office for which he is a candidate, and 
the verification deputies thus appointed shall be recognized as 
the duly authorized verification deputies to secure signatures to 
the nomination paper of such candidate in such county or city 
and county. The document in which such verification deputies 
are appointed as herein provided shall be filed with the County 
Clerk of the county or city and county in which such veri¬ 
fication deputies reside, at or before the time the nomination 
paper of the candidate is left with the County Clerk for filing 
or for examination as provided in Subdivision 4 of this section. 
Said document shall be in substantially the following form: 

I, the undersigned, a candidate for the . party nomination 

for the office of ., which nomination is to be made by 

direct vote at a primary election to be held on the . day of 

August, 19--.., do hereby appoint the following registered 

qualified electors of the county of ., as verification 

deputies to obtain signatures in said county to a nomination 

paper placing me in nomination as a candidate of said . 

party for said office of .. 

Names. Residence. 


etc. etc. 

(Signature) .,. 

(Residence) . 

Filed in the office of the County Clerk of . County 

this . day of ., 19. 

.County Clerk. 

By. Deputy. 

In case it is desired to appoint additional verification deputies 
to secure signatures to the nomination paper of such candidate, 
one or more similar documents may be filed to supplement the 
first document. When the office for which the candidate is 
proposed is a judicial office, school office, county office, or 

township office, the words “. party,” and the words “of 

said . party,” shall be omitted from said document. Or, as 

an alternative to the foregoing portion of this section and sub- 


Verification 
deputies, 
appoint¬ 
ment of. 


Papers, when 
to be filed. 


Form. 


Additional 
deputies, and 
other verifi¬ 
cation depu¬ 
ties forms. 






























260 


CALIFORNIA ELECTION LAWS. 


division, verification deputies may be appointed in behalf of a 
candidate as follows: 


Five electors 
may propose 
party candi¬ 
date. 


Consent of 
candidate for 
nomination. 


b. Any five qualified electors of any county or city and 
county who are registered as intending to affiliate with the 
same political party may join in proposing a candidate of such 
party for nomination to any office to be voted on in such 
county or city and county at the next ensuing primary election, 
and in appointing verification deputies to serve within such 
county or city and county in securing signatures to the nomi¬ 
nation paper of such candidate for such office. If the office 
is an office the candidate for which is to be voted on in more 
than one county, he may be proposed for nomination as 
herein provided by five of the registered qualified electors in 
each of the counties in which such electors may desire to 
circulate a nomination paper in his behalf. The signatures 
of the said five qualified electors shall be verified free of charge 
before any officer authorized to administer an oath, and the 
document containing such signatures shall be filed with the 
County Clerk of the county or city and county in which said 
five qualified electors reside, at or before the time the nomi¬ 
nation paper of the candidate is left with the County Clerk or 
Registrar of Voters for filing or for examination as provided 
in Subdivision 4 of this section. In said document the five 
signers shall make affidavit that the candidate therein named 
for the office therein specified has given his consent to be thus 
proposed for nomination to such office, and shall also state 
that the verification deputies therein appointed are duly regis¬ 
tered qualified electors of said county or city and county; and 
the verification deputies therein appointed shall be recognized 
as the duly authorized verification deputies to secure signatures 
to the nomination paper of such candidate in such county or 
city and county. Said document shall be substantially in" the 
following form: 


Verification 
deputies, 
certificate of 
appointment. 


State of California, 
County of. 


i 


ss. 


We, the undersigned, do solemnly swear (or affirm) that 

we are each qualified electors of the county of ...., 

State of California, and that we are each registered as in¬ 
tended to affiliate with the .. party; and we do hereby 

propose ., who resides (at No. 

street in the city of) or (in the town of. 

county of .), as a candidate for the nomination 


of such party for the office of ..., to be voted 

for at the primary election to be held on the . day of 


August, 19....; and we do solemnly swear (or affirm) that 

said . has consented to this proposal 

of his name as candidate for the nomination for said office. 
We hereby appoint the following registered qualified electors 
of this county as verification deputies to obtain signatures in 












THE DIRECT PRIMARY LAW. 


261 


this county to the nomination paper of said . 

to said office of. 

Verification Deputies. 

Names. Residence. 


etc. 

(Signed) 

Names. 


etc. 

Residence. 


Subscribed and sworn to before me this. 

day of.19. 

(Seal) ..., 

Notary public (or other official). 

In case it is desired to appoint additional verification depu¬ 
ties to secure signatures to the nomination paper of said candi¬ 
date, one or more similar documents may be filed to supplement 
the first document. When the office for which the candidate is 
proposed is a judicial office, school office, county office, or 
township office, the provisions of this subdivision shall apply, 
except that the five qualified electors shall make no statement 
of their party affiliation and may be affiliated with differ¬ 
ent parties or with no party; and the candidate proposed for 
nomination shall not be so proposed as the candidate of any 
party. 

3. Verification deputies appointed as provided in subdivision 
2 of this section to obtain signatures to the nomination 
paper of any candidate for any office to be voted for at any 
primary election, may, at any time not more than seventy days 
nor less than forty days prior to such election, obtain signa¬ 
tures to such nomination paper of such candidate for such 
office. Each signer of a nomination paper shall sign but one 
such paper for the same office; provided, that prior to pri¬ 
mary elections other than August primary elections or May 
presidential primary elections, signatures may be obtained 
not more than forty nor less than twenty days prior to such 
election. He shall also declare his intention to support such 
candidate for nomination, and shall add his place of residence, 
giving his street and number if any. His election precinct 
shall also appear on the paper just preceding his name, and 
the date of his signature shall appear at the end of the line 


Additional 
verification 
deputies, how 
appointed. 


Candidates 
for judicial, 
school, 
county, or 
township 
office. 


When signa¬ 
ture may be 
obtained to 
nomination 
papers. 


Manner of 
signing 
nomination 
papers. 
































262 


CALIFORNIA ELECTION LAWS. 


Nomination 
papers, when 
presented in 
sections. 


Who com¬ 
petent to 
sign sections 


Affidavit of 
verification 
deputy to 
be attached. 


Sections, how 
returned. 


Nomination 
papers, 
sections of. 


just after his residence. Any nomination paper may be pre¬ 
sented in sections, but each section shall contain the name 
of the candidate and the name of the office for which he is pro¬ 
posed for nomination. Each section shall bear the^iame of the 
city or town, if any, and also the name of the county or city 
and county, in which it is circulated, and only qualified elec¬ 
tors of such county or city and county, registered as intending 
to affiliate with the political party in which the nomination is 
being made, shall be competent to sign such section. Any 
section circulated within any incorporated city or town shall 
be signed only by registered qualified electors of such city or 
town. Each section shall be prepared with the lines for signa¬ 
tures numbered, and shall have attached thereto the affidavit 
of the verification deputy who has obtained signatures to the 
same, stating that all the signatures to the attached section 
were made in his presence, and that to the best of his knowl¬ 
edge and belief, each signature to the section is the genuine 
signature of the person whose name it purports to be; and 
no other affidavit thereto shall be required. The affidavit of 
any verification deputy obtaining signatures hereunder shall 
be verified free of charge by any officer authorized to admin¬ 
ister an oath. Such nomination paper so verified shall be 
prima facie evidence that the signatures thereto appended are 
genuine and that the persons signing the same are registered 
qualified electors, unless and until it is otherwise proven by 
comparison of such signatures with the affidavits of registra¬ 
tion in the office of the county clerk or registrar of voters. 
Each section of the nomination paper, after being verified, 
shall be returned by the verification deputy who circulated it 
to one of the five electors by whom the said verification deputy 
was appointed; and in this manner all the sections circulated 
in any county shall be collected by said five electors of that 
county and shall be by them arranged for filing or for exami¬ 
nation, as provided in subdivision 4 of this section. In case 
said verification deputy was appointed directly by the candi¬ 
date according to the provisions of subdivision 2(a) of this 
section, the collecting and arranging of the sections of the 
nomination paper shall be done by the candidate instead of by 
the five electors as hereinbefore provided. Each section 
of the nomination paper shall be in substance as follows: 

County of.city (or town) of . (if any). 

Nomination paper of ., candidate for . party nomina¬ 
tion for the office of . 

State of California, ( 

County of. ) SS ’ 

Signer’s Statement. 

I, undersigned, am a qualified elector of the city (or town) 

of ., county of ., State of California; and am registered 

as intending to affiliate with the . party; and I hereby 











THE DIRECT PRIMARY LAW. 


263 


nominate . who resides at No. street, city of ., 

county of ., State. of California, as a candidate for the 

nomination of such party for the office of . to be voted 

for at the primary election to be held on the . day of 

August, 19. I have not signed the nomination paper of 

any other candidate for the same office, and I further declare 
that I intend to support for such nomination the candidate 
named herein. 


No. 


Precinct. 


Signature. 


Residence. 


Date. 




Verification Deputy’s Affidavit. 


I, ., solemnly swear (or affirm) that I have been ap¬ 

pointed according to the provisions of subdivision 2, section 
5, of the direct primary law, as a verification deputy to secure 

signatures in the county of . to the nomination paper 

of . as candidate for the nomination of the . party for 

the office of .; that all the signatures on this section of 

said nomination paper, numbered from 1 to . inclusive, 

were made in my presence, and that, to the best of my 
knowledge and belief, each of said signatures is the genuine 
signature of the person whose name it purports to be. 

(Signed) . 


Verification deputy. 

Subscribed and sworn to before me this .... day of., 19.. 

(Seal) .. 

Notary public (or other official). 


In the case of a nomination paper for any candidate for a 
judicial office, school office, county office, or township office, 
the provisions of this subdivision shall apply, except that no 
such nomination paper nor any section thereof shall contain 
the name of any political party, of any signer thereto, nor 
shall the candidate be referred to as a candidate for the nomi¬ 
nation of any party; and any nomination paper for any can¬ 
didate for a judicial office, school office, county office, or town¬ 
ship office may be signed by any registered qualified elector 
of the county or city and county, whether registered as being 
affiliated with any, or with no, political party. 

4. Prior to the filing of a nomination paper for any candi¬ 
date, the sections thereof must be numbered in order and 
fastened together by cities or towns or portions of the county 
not included in such cities or towns, substantially in the man¬ 
ner required for the binding of affidavits of registration by 
the provisions of Section 1113 of the Political Code; provided, 
that the sections of the nomination paper shall be preceded 


Form. 


To be 
numbered 
and indexed. 

































264 


CALIFORNIA ELECTION LAWS'. 


Form of 
index. 


Examination 
of nomination 
papers by 
County Clerk 
or Registrar. 


Certificate of 
examination. 


Time of filing 
nomination 
papers by 
candidate. 


When to be 
forwarded to 
secretary 
of state. 


by an index of precincts, arranged by cities, towns or outside 
territory in the numerical or alphabetical order of such pre¬ 
cincts for each such city, town or outside territory and showing 
after the name or number of such precinct the numbers of the 
section pages on which the names of the electors registered in 
such precinct are to be found, and after the number of each 
page, the number (in parenthesis) of times such names are 
to be so found on such section page. Such index shall be sub¬ 
stantially the following form : 

City of. 


No. of Precinct. 

Numbers of 

Section Pages Containing Voters of Precinct. 

1. 

1 (3 times) 

2 (5 times) 

3 (7 times) etc. 

2. 

1 (4 times) 

2 (0 times) 

3 (6 times) etc. 

etc. 


etc. 



Town of. 

etc. 

etc. 

And provided, further, that for all nominations of candidates 
to be voted for in more than one county, or throughout the 
entire state, the nomination papers, properly assembled, may 
be consolidated and fastened or bound together by counties; 
but in no case shall nomination papers signed by electors of 
different counties be fastened or bound up together. The 
county clerk of any county or registrar of voters of any city 
and county shall examine all nomination papers herein pro¬ 
vided for which purport to have been signed by electors of his 
county or city and county, and shall disregard and mark “not 
sufficient” any name appearing on such paper or papers which 
does not appear in the same handwriting on an affidavit 
of registration in his office, or which (except in the case of 
nomination papers of candidates, for judicial, school, county, 
or township offices the signers of which may be registered as 
of any or no party) does not appear on said affidavit as in¬ 
tending to affiliate with the party named in such nomination 
papers. Such officer shall affix to all nomination papers a 
certificate reciting that he has examined the same and stating 
the number of names signed thereto which have not been 
marked “not sufficient” as hereinabove provided. All nomi¬ 
nation papers which by this act are required to be filed in the 
office of the secretary of state, shall be left with the county 
clerk or registrar of voters for examination, as above provided, 
at least forty days prior to the August primary election or the 
May presidential primary election, and shall,* with such cer¬ 
tificate of examination attached, within five days after being 
so left, be forwarded by such county clerk or registrar of 
voters to the secretary of state, who shall receive and file the 
same. The verification of signatures to nomination papers shall 












THE DIRECT PRIMARY LAW. 


265 


not be made by the candidate, nor by any county clerk, or 
registrar of voters, nor by any of the deputies in the office of 
such county clerk or registrar of voters, nor within one hundred 
feet of any election booth, polling place, or any place where 
registration of electors is being conducted. Each candidate 
on or before the thirty-fifth day prior to the August primary 
election or the May presidential primary election, shall file 
in the place where his nomination paper is required to be filed, 
as provided in Section 6 of this act, his affidavit, stating his 
residence, with street and number, if any; his election pre¬ 
cinct ; that he is a qualified elector in the election pre¬ 
cinct in which he resides; the name of the office for which he 
desires to be a candidate; and that if nominated he will accept 
such nomination and not withdraw, and that he will qualify 
as such officer if nominated and elected; and he shall also 
make the statement required in subdivision 5 of section 6 of this 
act. Nothing in this act contained shall be construed to limit 
the rights of any person to become the candidate of more than 
one political party for the same office upon complying with 
the requirements of this act, but no person shall be entitled to 
become a candidate for more than one office at the same 
election. 

5. Except in the case of a candidate for nomination to a 
judicial office, school office, county office, or township office, 
nomination papers shall be signed as follows: If the candi¬ 
date is the candidate for an office to be voted on throughout 
the state, by not less than one-half of one per centum and not 
more than two per centum of the vote or registration con¬ 
stituting the basis of percentage as defined in subdivision 6 
of this section of the party of the candidate seeking nomina¬ 
tion. within the state; if the candidate is the candidate for an 
office to be voted on in some political subdivision of the state, 
but not throughout the state, by not less than one per centum 
nor more than two per centum of the vote or registration 
•constituting the basis of percentage, as defined in subdivision 
6 of this section, of the party of the candidate seeking nomi¬ 
nation within said political subdivision in which such candi¬ 
date seeks nomination. 

6. Except in case of a candidate for nomination to a 
judicial office, school office, county office, or township office, 
the basis of percentage in each case shall be the highest vote 
polled bv the party for any such candidate as may have been 
the candidate of such party only, at the preceding general 
election, or, if there was no candidate who v/as the candidate of 
such party only, the basis of percentage shall be the lowest 
vote received by any candidate who was the joint candidate of 
such party and of one or more other parties; and if the candi¬ 
date is the candidate of a party which had no candidate at 
the preceding general election, then the basis of percentage 
shall be upon the number of qualified electors who, on or 
before the fiftieth day prior to the primary election, shall in 


Verification 
of signatures, 
how not to be 
obtained. 


Candidate’s 
affidavit, 
when to be 
filed. 


Rights of 
candidates. 


Nomination 
papers, how 
to be signed. 


Number of 
signatures 
required. 


In case of 
candidate for 
nomination 
to judicial, 
school, county 
or township 
office. 


Basis of 
percentage. 


CALIFORNIA ELECTION LAWS. 


266 


Separate 
party ticket. 


In case 
boundaries of 
political 
subdivisions 
are changed. 


Highest vote 
polled, how 
determined. 


Total vote of 
all parties, 
how 

ascertained. 


Not to 
prohibit 
independent 
nominations 
as provided 
by Section 
1188 of the 
Political 
Code. 


registering have declared their intention to affiliate with such 
party. Every political party qualified to participate in the 
primary election by the provisions of subdivision 8 of section 1 
of this act, whose membership or members shall comply with 
the provisions of this act by filing nomination papers for one 
or more candidates, shall be entitled to a separate party ticket 
at the primary election; but all such party tickets must be 
alike in the designation of candidates for judicial, school, 
county, and township offices. 

7. Whenever by rearrangement of political subdivisions of 
the state by any legislature, board of supervisors or other 
legislative body, the boundaries of such political subdivisions 
are changed, the highest vote polled by each party in each 
of the new political subdivisions shall be determined as follows: 
If the change occurs wholly within any county or city and 
county, the county clerk or registrar of voters of such county 
or city and county shall determine as nearly as possible the 
highest vote of each party in the new political subdivision by 
adding together for each party the highest vote in each of the 
former precincts which now are combined to make up such 
new political subdivision. If the change occurs outside the 
limits of any county or city and county, the secretary of state 
shall determine the highest vote of each party in such new 
political subdivision by adding together for each party the 
highest vote in the counties which now are combined to make 
up such new political subdivision. In the same way that the 
highest vote for each party in each new political subdivision 
is ascertained, shall also be ascertained the total vote of all 
parties, as is required to be known by the provisions of sub¬ 
division 9 of this section. 

8. Nothing herein shall be construed as prohibiting the 
independent nomination of candidates as provided by Sec¬ 
tion 1188 of the Political Code, as said section was enacted 
at the fortieth session of the legislature of the State of Cali¬ 
fornia; except that a candidate who has filed nomination 
papers as one of the candidates for nomination to any office 
on the ballots of any political, party at a primary election 
held under the provisions of this act, and who is defeated 
for such party nomination at such primary election, shall be 
ineligible for nomination to the same office at the ensuing 
general election, either as an independent candidate or as the 
candidate of any other party, and no person shall be per¬ 
mitted to file nomination papers for a party nomination and 
an independent nomination for the same office, or for more 
than one office at the same election. Nor shall any person 
whose name has been written in upon any ballot or ballots 
for any office at any primary election, have his name placed 
upon the ballot as a candidate for such office at the ensuing 
general election, except under the provisions of Section 1188 
of the Political Code, unless at such primary election he shall 
have received for such office votes equal in number to the 


THE DIRECT PRIMARY LAW. 


267 


minimum number of nomination papers which would have 
been required to be filed to have placed his name on the 
primary ballot as a candidate for nomination to such office. 

9. In the case of a candidate for nomination to a judicial 
office, school office, county office, or township office, nomi¬ 
nation papers shall be signed by not less than one-half of one 
per centum, nor more than two per centum of the total vote 
cast by all political parties at the last election in the state or 
political subdivision thereof in which such candidate for 
judicial or school, county, or township office seeks nomination. 

10. The officer with whom nomination papers are filed shall 
keep a record in which he shall enter the names of all persons 
filing the same, the name of the office, the party, if any, and 
the time of filing. 

Sec. 6. Offices in which nomination papers must be filed. 

All nomination papers provided for by this act shall be filed 
as follows: 

1. For state officers, United States senators, representatives 
in congress, members of the state senate and assembly, dele¬ 
gates to state conventions from “hold-over senatorial dis¬ 
tricts’’ and all officers voted for in districts comprising more 
than one county, in the office of the secretary of state. 

2. For officers to be voted for wholly within one county or 
city and county, except representatives in congress, delegates 
to state conventions from “hold-over senatorial districts” and 
members of the state senate and assembly, in the office of the 
county clerk of such county or in the office of the registrar of 
voters in such city and county. 

3. For city officers, in the office of the city clerk or secretary 
of the legislative body of such city or municipality. 

4. When a nomination paper or sections thereof shall have 
been received which contain a number of signatures equal to 
two per centum of the vote constituting the basis of percent¬ 
age as provided in subdivisions 5, 6 and 9 of section 5 of 
this act, the officer with whom such papers are required to 
be filed shall not receive or file further sections of the nomi¬ 
nation paper for the candidate named therein. 

5. No more signatures shall be secured for any candidate 
than a number equal to three per centum of the vote con¬ 
stituting the basis of percentage as provided in subdivisions 
5, 6 and 9 of section 5 of this act; provided, that if through 
miscalculation or otherwise, more signatures are secured 
than the said three per centum, all sections of the nomination 
paper containing signatures in excess of said three per centum 
must be sent to the candidate; and before any nomination 
paper is filed as provided in this section, the candidate must 
notify each signer of such excess sections that his name has 
not been used; and in the affidavit required to be filed in sub¬ 
division 4 of section 5 of this act, affiant must state whether 


Percentage 
of signatures 
to nomination 
papers 
for judicial, 
school, county 
or township 
office. 


Secretary of 
States 


County 
Clerks’ or 
Registrar of 
Voters’. 


City Clerks’. 


Sections of 
nomination 
papers not 
to be received 
in excess of 
basis of 
percentage. 


Signatures to 

nomination 

papers, 

number 

sufficient. 


Candidates 
must notify 
excessive 
signers to 
nomination 
papers. 


268 


CALIFORNIA ELECTION LAWS'. 


Secretary of 
State. 


Secretary of 
State. 


County Clerk 
or Registrar 
of Voters. 


City Clerk. 


Candidates 
who are not 
required to 
pay filing 
fees. 


Fees must be 
paid before 
filing papers. 


Fees of 
persons 
nominated 
whose names 
have been 
written upon 
primary 
ballot. 


Candidates’ 
Fees received 
by counties. 


Fees received 
by municipal¬ 
ities. 


Fees received 
by Secretary 
of State. 


he has complied with the provisions contained in subdivision 
5 of section 6 of this act. 

Sec. 7. Candidates’ filing fees, to whom to be paid. 1. A 

filing fee of fifty dollars shall be paid to the secretary of state 
by each candidate for state office or for the United States senate. 

2. A filing fee of twenty-five dollars shall be paid to the sec¬ 
retary of state by each candidate for representative in congress 
or for any office, except member of senate and assembly, to be 
voted for in any district comprising more than one county. 

3. A filing fee of ten dollars shall be paid to the secretary of 
state by each candidate for the state senate or assembly. 

4. A filing fee of ten dollars shall be paid to the county clerk 
or registrar of voters in any city and county when the nomina¬ 
tion paper or papers and affidavit of any candidate to be voted 
for wholly within one county or city and county are filed with 
such county clerk or registrar of voters. 

5. A filing fee of ten dollars shall be paid to the city clerk 
or secretary of the legislative body of any municipality when 
the nomination paper or papers and affidavit of any candidate 
for a city office are filed with such clerk or secretary of such 
legislative body. 

6. No filing fee shall be required from any person to be voted 
for at the May presidential primary election, or from any can¬ 
didate for an office to the holder of which no compensation is 
required to be paid, or for township offices the compensation to 
the holder of which does not exceed the sum of nine-hundred 
dollars per annum. 

7. In no case shall the secretary of state, county clerk, 
registrar of voters, or city clerk, receive any nomination papers 
for filing until the requisite fee for such filing, as prescribed 
in this section, has first been paid to him. 

8. When a person is nominated for an office by reason of his 
name having been written on a ballot that has been voted at 
any primary election provided for by this act, he must pay the 
same filing fee provided for the same office to the same officer 
as would have been required if nomination papers had been 
filed to place his name on the primary ballot; otherwise his 
name must not be printed on the ballot at the ensuing general 
election; provided, he is not the nominee of another party for 
the same office. 

Sec. 8. Fees received from candidates, to whom paid. The 

county clerk shall immediately pay to the county treasurer and 
the registrar of voters in any city and county shall immediately 
pay to the city and county treasurer all fees received from can¬ 
didates. The city clerk or secretary of the legislative body of 
any municipality shall immediately pay to the city treasurer 
all fees received from candidates. Within ten days after the 
primary election the secretary of state shall pay to the^tate treas¬ 
urer all fees received from candidates and shall apportion the fees 


THE DIRECT PRIMARY LAW. 


269 


paid to him by each candidate equally among the counties within 
which such candidate is to be voted for, and certify such appor¬ 
tionment to the state controller, who shall issue warrants on 
the state treasurer for the amount due each county and the state 
treasurer shall pay the same. 

Sec. 9. Expense of primary. The expense of providing all 
ballots, blanks and other supplies to be used at any primary elec¬ 
tion provided for by this act and all expenses necessarily incurred 
in the preparation for or the conduct of such primary election 
shall be paid out of the treasury of the city, city and county, 
county or state, as the case may be, in the same manner, with 
like effect and by the same officers as in the case of general 
elections. 

Sec. 10. Secretary of State to transmit to County Clerk, Reg¬ 
istrar of Voters a list of nominees. At least thirty days before 
any August primary election preceding a November election or 
before any May presidential primary election the secretary of 
state shall transmit to each county clerk or registrar of voters in 
any city and county a certified list containing the name and post 
office address of each person for whom nomination papers have 
been filed in the office of such secretary of state, including the 
candidate for delegate to a state convention, if any, from a 
“hold-over senatorial district” and who is entitled to be voted 
for in such county at such primary election together with a 
designation of the office for which such person is a candidate 
and except in the case of a judicial office, or a school office of 
the party or principle he represents. Such county clerk or 
registrar of voters shall forthwith, upon receipt thereof, publish 
under the proper party designation the title of each office (ex¬ 
cept a judicial office or a school office) which appears upon the 
certified list transmitted by the secretary of state as hereinbe¬ 
fore provided, together with the names and addresses of all 
persons for whom nomination papers have been filed for each 
of said offices in the office of the secretary of state, and 
also the names of all candidates for the county central com¬ 
mittee, filed in the office of the county clerk or registrar of 
voters. He shall also publish the title of each judicial office, 
school office, county office, and township office, together with 
the names and addresses of all persons for whom nomination 
papers have been filed for each of said offices, either in the 
office of the secretary of state or in the office of the county 
clerk or registrar of voters, and shall state that candidates for 
said judicial, school, county, and township offices may be 
voted for at the primary election, by any registered, qualified 
elector of the county, whether registered as intending to 
affiliate with any political party or not. He shall also publish 
the date of the primary election, the hours during which the 
polls will be open, and that the primary election will be held at 
the legally designated polling places in each precinct, which 
shall be particularly designated. It shall be the duty of the 


Thirty days 

before any 

August 

primary 

Election 

preceding a 

November 

election 

or before 

May 

presidential 

primary 

election. 


In case 
judicial 
office, school 
office. 

Publications 
by clerks. 


Names of 

candidates 

county 

central 

committee. 


Judicial, 
county office 
etc. 


Date election 
is held. 


270 


CALIFORNIA ELECTION LAWS'. 


Not more 
than two. 


Separate 
ballots for 
each party, 
when used. 


Different 
tints for each 
political 
party. 


Non-partisan 
ballot, 
tint of. 


To whom 
furnished. 


Political 
party ballot, 
to whom 
furnished. 


Clerk or 
Registrar to 
provide 
ballots. 


Primary 
ballots other 
than August. 


Official ballot 
na^er, by 
whom 
provided. 


county clerk or registrar of voters in any city and county to 
cause such publication to be made once each week for two 
successive weeks prior to said primary election. 

Sec. 11. Newspapers in which publications shall be made. 
Every publication required by this act shall be made in 
not more than two newspapers of general circulation pub¬ 
lished in such county or city and county, and one of such 
newspapers shall represent the political party that cast at the 
last preceding general election the highest number of votes in 
such county or city and county, and one of such newspapers, if 
any, shall represent the party which cast the next highest num¬ 
ber of votes at such election. In any case where the publication 
of the notices provided for by this act can not be made as here¬ 
inbefore provided it shall be made in any newspaper having a 
general circulation in the city or county in which the notice is 
required to be published. 

Sec. 12. Ballots used at primary elections. 1. All voting 
at primary elections within the meaning of this act shall be by 
ballot. A separate official ballot for each political party shall be 
printed and provided for use at each voting precinct; but all such 
party ballots must be alike in the designation of candidates for 
judicial, school, county, and township offices. The ballots must 
have a different tint or color for each of the political parties par¬ 
ticipating in the primary election. There shall also be printed 
and provided a non-partisan ballot of a different tint and color 
from all the others (or white, if all the others are colored), which 
shall contain only, but in like manner, all the candidates for 
judicial, school, county, and township offices to be voted for at 
the primary election; and one of the non-partisan ballots shall, 
at the primary election, be furnished to each registered qualified 
elector who is not registered as intending to affiliate with any 
one of the political parties participating in said primary elec¬ 
tion ; but to any elector registered as intending to affiliate 
with any political party participating in the primary there shall 
be furnished, not a non-partisan ballot, but a ballot of the 
political party with which said elector is registered as intend¬ 
ing to affiliate. 

It shall be the duty of the county clerk of each county or 
of the registrar of voters in any city and county to provide 
such printed official ballots to be used at any August primary 
election for the nomination of candidates to be voted for in 
such county or city and county at the ensuing November 
election and at any May presidential primary election. It 
shall be the duty of the city clerk or secretary of the legis¬ 
lative body of any municipality to provide such printed official 
ballots for any primary election other than the August pri¬ 
mary election or the May presidential primary election. Such 
official ballots to be used at any primary election shall be 
printed on official paper, furnished by the secretary of state, m 
the manner provided by Section 1196 of the Political Code, and 


THE DIRECT PRIMARY LAW. 


271 


in the form hereinafter provided. The names of all candidates 
for the respective offices for whom the prescribed nomination 
papers have been duly filed shall be printed thereon. 

2. Official primary election ballots used at any primary elec- faiiot* 
tion for the nomination of candidates to be voted for at any 
presidential or general state election, except as provided in sub¬ 
division 5 of this section, shall be as long as the herein 
prescribed captions, headings, party designations, directions 

to voters and lists of names of candidates, properly subdi¬ 
vided according to the several offices to be nominated for, 
may require; and no official primary election ballot shall be printed, 
less than six and one half inches wide. 

3. Across the top of the ballot shall be printed in heavy-faced 
gothic capital type, not smaller than forty-eight point, the T yp e - 
words: “Official Primary Election Ballot” ; providing, that on a 
non-partisan ballot said words may be printed in gothic capital 
type not smaller than twenty-four point. Beneath this head¬ 
ing shall be printed in heavy-faced gothic capital type, not 
smaller than twenty-four point, the party designation if it be 

a party ballot; or, in the case of a ballot containing the names 
of no candidates except candidates for a judicial, school, county, 
or township office, the words “Non-partisan Ballot.” The 
instructions to voters shall be printed in ten point gothic 
type. In the case of official primary election ballots to be used SSSSSaSes, 
at any primary election held for the nomination of candidates how printed, 
other than those to be voted for at a presidential or a general 
state election, and on which, in accordance with the provisions 
of this act, the names of candidates may be printed in a single 
column or in two parallel columns, as the case may be, the 
words “Official Primary Election Ballot” shall be printed 
thereon in heavy-faced gothic capital type, not smaller than 
twenty-four point. The party or non-partisan designation 
shall be printed in heavy-faced gothic capital type, not smaller 
than eighteen point. The instructions to voters shall be 
printed in ten point gothic type. 

4. At least three-eighths of an inch below the assembly dis¬ 
trict designation and the date of the primary election shall be 
printed in ten point gothic type, double leaded, the following 
instructions to voters: “To vote for a person whose name 
occurs on the ballot, stamp a cross (X) in the square at the 
right of the name of the person for whom you desire to vote. 

To vote for a person whose name is not printed on the ballot, Blank spaces, 
write his name in the blank space provided for that purpose.” 

5. The instructions to voters shall be separated from the lists 
of candidates and the designations of the several offices to be 
nominated for by one light and one heavy line or rule. The 
names of the candidates and the respective offices shall, except 


272 


CALIFORNIA ELECTION LAWS. 


Candidates 
in parallel 
columns. 


Arrangement 
on ballot, 
order of 
precedence. 


State officers. 


U. S. 

Senators, Rep. 
in Congress. 


State 

senators and 
assemblymen. 


County 

committee. 


Judicial. 


School. 


County and 
Township. 


Non partisan 
ballot. 


Tally sheets. 


as may be hereinafter otherwise provided, be printed on the bal¬ 
lot in four or more parallel columns, each two and one-half 
inches wide. The number of such parallel columns shall be 
exactly divisible by two, and such parallel columns shall be 
equally divided on the ballot for party and non-partisan 
tickets by a solid black line, extending down from the printed 
lines separating the instructions to voters from the lists of 
names of candidates to the bottom margin of the ballot. In 
the case of a primary election for the nomination of candidates 
to be voted for at a presidential or general state election, the 
order of precedence shall be as follows, that is to say: In the 
column to the left, under the heading STATE shall be printed 
the groups of names of candidates for state offices, except 
judicial and school offices, and for members of the State Board 
of Equlization. In the second column, under the heading 
CONGRESSIONAL shall be printed the group of names for 
United States senator in congress, if any, and for representatives 
in congress. Next, under the heading LEGISLATIVE shall be 
printed the groups of names for state senator, if any, for mem¬ 
ber of assembly, and for election as delegate to the state con¬ 
vention from a hold-over senatorial district,” if any. Finally 
under the heading COUNTY COMMITTEE, shall be printed 
the names of the candidates for election to membership in the 
county central committee of the party. In the case of primary 
elections where state officers are not to be nominated, at the 
left of the solid black dividing line there may be only one 

column. In the parallel columns to the right of the solid 

black dividing line shall be printed the groups of names of 
candidates for nomination to judicial, school, county, and town¬ 
ship offices in the following order: Under the heading JU¬ 
DICIAL shall be printed all the names of candidates for judicial 
offices, in the order of chief justice supreme court, associate 
justices supreme court, judge of district court of appeals, 

judge of superior court and justice of. the peace. Next, under 
the heading SCHOOL shall be printed all the names of can¬ 
didates for school offices in the order of state superintendent 
of instruction, superintendent of schools, and school district 
officers, if any. Next, under the heading COUNTY AND 

TOWNSHIP shall be printed the groups of candidates for all 
county and township offices except judicial or school offices. 
In the case of primary elections where county officers are not 
to be nominated, at the right of the solid black dividing line 
there may be only one column. The non-partisan ballot pro¬ 
vided for in subdivision one of this section shall be identical 
as to offices and names of candidates with that portion of the 
party ballot which is printed to the right of the solid black 
dividing line hereinabove described. The tally sheets fur¬ 
nished to election officers shall have the names of offices and 
candidates arranged in the order in which said names of offices 
and candidates are printed on the ballots according to the 
provisions of this section and subdivision. In the case of 


THE DIRECT PRIMARY LAW. 


273 


primary elections for the nomination of candidates for city, 
city and county or municipal offices only, the groups of names 
of candidates may be printed in two parallel columns and the 
order of precedence shall be determined by the legislative body 
of such city or municipality or by the Board of Election Com¬ 
missioners of any such city and county. 

6. The group of names of candidates for nomination to any 
judicial office, school office, -county office, or township office 
shall include all the names receiving the requisite number of 
signatures on a nomination paper for such office, and shall be 
identical for each such office on the primary election ballots of 
each political party participating at the primary election; but 
the groups of names of candidates for all other offices on the 
ballots of each political party shall comprise only the names of 
the candidates for nomination by such party. 

7. The order in which the list of candidates for any office 
shall appear upon the primary election ballot shall be deter¬ 
mined as follows: 

(a) If the office is an office the candidates for which are to 
be voted on throughout the entire state, including United States 
senator in congress, the secretary of state shall arrange the 
names of all candidates for such office in alphabetical order for 
the first assembly district; and thereafter for each succeeding 
assembly district, the name appearing first for each office in the 
last preceding district shall be placed last, the order of the other 
names remaining unchanged. If the office is that of represen¬ 
tative in congress, or is an office the candidates for nomination 
to which are to be voted on in more than one county or city and 
county, but not throughout the entire state, except the office of 
state senator or assemblyman, the secretary of state shall 
arrange the names of all candidates for such office in alphabet¬ 
ical order for that assembly district which is lowest in numerical 
order of any assembly district in which such candidates are to 
be voted on; and thereafter for such succeeding assembly dis¬ 
trict in which such candidates are to be voted on, the name 
appearing first for such office in the last preceding district shall 
be placed last, the order of the other names remaining un¬ 
changed. In transmitting to each county clerk or registrar 
of voters the certified list of names as required in Section 10 of 
this act, the secretary of state shall certify and transmit the list 
of candidates for nomination to each office according to assem¬ 
bly districts, in the order of arrangement as determined by the 
above provisions; and in the case of each county or city and 
county containing more than one assembly district, he shall 
transmit separate lists for each assembly district. Except for 
the office of state senator or assemblyman, the order in which 
the names filed with the secretary of state shall appear upon 
the ballot, shall be for each assembly district the order as deter¬ 
mined by the secretary of state in accordance with the above 
provisions, and as certified and transmitted by him to each 
county clerk or registrar of voters. 


Tickets of 
parties that 
are identical. 


Order in 
which 
candidates’ 
names are to 
appear on 
ballot. 


Secretary of 
State to 
arrange State, 
U. S. Senator, 
Representative 
in Congress, 
and more 
than one 
county or 
city and 
county. 


Transmitting 
names to 
clerk. 


Order of 
arrangement. 


274 


CALIFORNIA ELECTION LAWS. 


County Clerk 
or Registrar 
to arrange 
names wholly 
within county 
or city and 
county. 


Arrangement 
of names for 
state Senator, 
Assemblymen, 
delegate to 
state conven¬ 
tion, county 
committee, 
etc. 


City or town 
where charter 
does not 
provide. 


Order of 
publication 
by clerk of 
names and 
addresses. 


Designation 
of office. 


Type. 


(b) If the office is an office to be voted on throughout, but 
wholly within, one county or city and county, except the office 
of representative in congress or state senator or assemblyman, 
the county clerk of such county or the registrar of voters of 
such city and county, shall arrange the names of all candidates 
for such office in alphabetical order for the first supervisorial 
district; and thereafter for each supervisorial district, the 
name appearing first for each such office in the last preceding 
supervisorial district shall be placed last, the order of the 
other names remaining unchanged; provided, there are no 
more than five assembly districts in such county, or city 
and county. If there are more than five assembly dis¬ 
tricts in such county, or city and county, the county clerk or 
registrar of voters shall so arrange on the ballot the order of 
names of all candidates for such office that they shall appear in 
alphabetical order for that assembly district in such county, or 
city and county, which is lowest in numerical order, and there¬ 
after for each succeeding assembly district in such county, or 
city and county, the name appearing first for each office in the 
last preceding assembly district shall be placed last, the order 
of the other names remaining unchanged. 

(c) If the office is that of state senator or assemblyman, or 
delegate to the state convention from a “hold-over senatorial 
district,” or member of a county central committee, or any 
office except the office of representative in congress to be voted 
on wholly within any county or city and county but not 
throughout such county or city or county, the names of all 
candidates for such office shall be placed upon the ballot in 
alphabetical order. 

(d) If the office is a municipal office in any city or town 
whose charter does ot provide for the order in which names 
shall appear on the oallot, the names of candidates for such 
office shall be placed upon the ballot in alphabetical order. 

8. In publishing the names and addresses of all candidates 
for whom nomination papers have been filed, as required in 
Section 10 of this act, the county clerk or registrar of voters 
shall publish the names in the order in which they will appear 
upon the ballot; provided, that in counties or cities and 
counties containing more than one assembly district the order 
of names of candidates shall be that of the assembly district in 
such county or city and county which is lowest in numerical 
order. 

9. Each group of candidates to be voted on shall be preceded 
by the designation of the office for which the candidates seek 
nomination, and the words “Vote for One” or “Vote for Two” 
or more according to the number to be elected to such office at 
the ensuing election. Such designation of the office to be 
nominated for and of the number of candidates to be nominated 
shall be printed in heavy-faced gothic type, not smaller than 
ten point. The word or words designating the office shall be 


THE DIRECT PRIMARY LAW. 


275 


printed flush with the left-hand margin and the words “Vote 
for One or “Vote for Two” or more, as the case may be, shall 
extend to the extreme right of the column and over the voting 
square. The designation of the office and the direction for vot¬ 
ing shall be separated from the names of the candidates by a 
light line. 

10. The names of the candidates shall be printed on the bal¬ 
lot without indentation, in roman capital type not smaller than 
eight point, between light lines or rules three-eighths of an inch 
apart. Under each group of names of candidates shall be 
printed as many blank spaces, defined by light lines or rules, 
three-eighths of an inch apart, as there are to be candidates nomi¬ 
nated for such office. To the right of the names of the 
candidates shall be printed a light line or rule so as to, form a 
voting square three-eighths of an inch square. Each group of 
names of candidates shall be separated from the succeeding 
group by one light and one heavy line or rule. Each series of 
groups shall be headed by the word “State,” “Congressional,” 
“Legislative,” “County and Township” or “Municipal” or other 
proper general classification, as the case may be, printed in 
heavy-faced gothic capital type, not smaller than twelve point. 
All official primary election ballots shall have printed on the 
back and immediately below the center thereof, in eighteen 
point gothic capital type, the words “Official Primary Election 
Ballot,” and underneath these words the respective numbers 
of the congressional, senatorial and assembly districts in which 
each ballot is to be voted. In the case of a primary election 
for the nomination of candidates for city or city and county 
offices only, the designations on the back of the ballot, in 
addition to the words “Official primary election ballot,” shall 
be the official designation of the respective ward and voting pre¬ 
cinct in any such city or municipality, or the number of the 
assembly district and of the voting precinct in any such city 
and county in which each ballot is to be voted. The ballot 
shall be printed on the same leaf with a stub and separated 
therefrom by a perforated line across the top of the ballot. 
On each ballot a perforated line shall extend from top to bot¬ 
tom one-half inch from the right-hand side of such ballot, and 
upon the half-inch strip thus formed there shall be no print¬ 
ing except the number of the ballot which shall be on the back 
of each strip, in such position that it shall appear on the outside 
when the ballot is folded. The number on each ballot shall be 
the same as that on the corresponding stub, and the ballots and 
stubs shall be numbered consecutively in each county; provided, 
that the sequence of numbers on such official ballots and stubs 
for each party shall begin with the number one. The. official 
ballots of each political party shall be made up in stub books, 
each book to contain ten, or some multiple of ten, ballots, in 
the manner provided by law for official election ballots, and 
except as to the order of the names of candidates shall be 
printed in substantially the following form: 


How printed. 


Printing 
names of 
candidates. 

Type. 


Blank spaces. 


Headings. 


Printing on 
back of 
ballot. 


In case of 
candidate 
for city or 
city and 
county 
offices. 


Perforated 

line. 


Number on 
ballot. 


Stub books, 
number of 
ballots to 
contain. 


276 


CALIFORNIA ELECTION LAWS'. 


When to be 
mailed to 
voters. 


Political 
party sample 
ballot paper. 


Non-partisan 
ballot paper, 
when to be 
mailed. 


Clerk to 
submit party 
tickets to 
chairman 
county 
committee, 
and mail 
copies to 
candidates. 


Official 
ballot, how 
distributed. 


In cities, 
distribution 
of ballots. 


Sec. 13. Sample ballots. At least twenty days before the 
August primary election or before the May presidential primary 
election each county clerk or registrar of voters in any city and 
county shall prepare separate sample ballots for each political 
party, and a separate sample non-partisan ballot, placing thereon 
in each case in the order provided in Subdivision 7 of Section 
12 of this act, and under the appropriate title of each office, the 
names of all candidates for whom nomination papers have been 
duly filed with him, or have been certified to him by the sec¬ 
retary of state, to be voted for at the primary election in his 
county or city and county. Such sample ballots shall be 
printed on paper of a different texture from the paper to 
be used on the official ballot, and one sample ballot of the 
party to which the voter belongs as evidenced by his registra¬ 
tion shall be mailed to each such voter entitled to vote at 
such August primary election or May presidential primary 
election, as the case may be, not more than ten nor less than 
five days before the election. Not more than ten nor less than 
five days before the August primary election a non-partisan 
sample ballot printed on paper of a different texture from the 
paper to be used on the official ballot shall be mailed to each 
registered qualified elector who is not registered as intending 
to affiliate with any of the parties participating in said primary 
election. Such clerk or registrar of voters shall forthwith 
submit the ticket of each political party to the chairman of 
the county committee of such party and shall mail a copy to 
each candidate for whom nomination papers have been filed 
with him or whose name has been certified to him by the 
secretary of state, to the post office address as given in such 
nomination paper or certification, and he shall post a copy of 
each sample ballot in a conspicuous place in his office. Before 
such primary election the county clerk or registrar of voters in 
any city and county shall cause the official ballot to be printed 
as provided by Section 12 of this act, and distributed in the 
same manner and in the same quantities as provided in Sections 
1198, 1199 and 1201 of the Political Code for the distribution 
of ballots for elections; provided, that the number of party 
ballots to be furnished to any precinct shall be computed from 
the number of voters registered in such precinct as intending 
to affiliate with such party, and the number of non-partisan 
ballots to be furnished to any precinct shall be computed from 
the number of voters registered in such precinct without state¬ 
ment of intention to affiliate with any of the parties participat¬ 
ing in the primary election. In the case of primary elections 
for the nomination of candidates for city offices it shall be the 
duty of the city clerk, secretary of the legislative body of such 
city or‘ municipality, or such other officer charged by law with 
the duty of preparing and distributing the official ballots used 
at elections in such city or municipality, to prepare and mail 
the sample ballot and to prepare and distribute the official 
primary election ballots, and so far as applicable and not 


OFFICIAL PRIMARY ELECTION 
BALLOT 

Eighth Congressional District 
Seventeenth Senatorial District 
Forty-eighth Assembly District 


OFFICIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Forty-Eighth Assembly District, August 25, 1914 


To vote for & person whose nemo appears on the ballot, stamp a cross (X) in the square at the R1QHT of the name of the person for whom you desire 
to vote. To vote for a person whoe$ name is not printed on the ballot, write his name in the blank space provided for that purpose. 



\ 


























































































































































































































































































































OFFICIAL PRIMARY ELECTION BALLOT 

NON-PARTISAN BALLOT 

Forty-Eighth Assembly District, August 25, 1914 


T« vote for a person whose name appears on the ballot, stamp a cross (x) In 
the square at the RIGHT of the name of the person for whom you desire to 
rote. To vote for a person whose name Is not printed on the ballot, write his 
name In the blank space provided for that purpose- 


JUDICIAL 

County Clerk Vote for One 

Chief JoaUce Sap. Court Vote for One 

S R MALLORY 


I WALTER WILTER 


James B McCreary 


JOSEPH JENNINCS 


ASBURY C LATT1MER 


THOMAS MERTON 






Auditor Vote for One 

Associate Jtutioe Sup. CL Vote for Two 

JOHN W DANIEL 


WILLIAM BREWER 


M. J. FOSTER 


ERASTUS PECK 


JOHN M. PATTERSON 


SAMUEL SNOW 


J. P ALLEE 


CEORCE TAWNEY 


CLARENCE D CLARK 








Treasurer * Vote for One 

Judge of the District Court of Appeal, 
First District Vote for One 

FRED T. DU BOIS 


AUGUSTUS O. BACON 


ANTHONY BRENNAN 


JAMES H. BERRY 


PETER DREW 







or One 

Judge of the Superior Ot Vote for Two 

Assessor Vote f< 

J. & SPOONER 


CEORCE BUNN 


E G. NEWLANDS 


WALTER CAMPBELL 


E W. PETTUS 


CHARLES R. DAVIS 




THOMAS MeCALL 



it One 

ERNEST W. ROBERTS 


Tax Collector Vote fe 





KNUTK NELSON 

REDFIELD PROCTOR 




E W CARMACK 


JnsUoe of the Peace Vote for Two 



THOMAS SULLIVAN 



• One 

PETER HEPBURN 


Recorder Vote fe 

C M. DE PEW 


CLAUDE SWANSON 


CHARLES W. FULTON 




THOMAS H. CARTER 






8CHOOL 



Public Administrate? Vote for Owe 

Bupt. of Pub. Instruction Vote for One 

H TELLER 


CHARLES N. STOVER 


J Vf. BAILEY 


PRANK N. KENDALL 




ARTHUR ROBERTS 


Coroner Vote for Owe 



JAMES B FRAZIER 


County 8upt of Schools Vote ftfr One 

H. C LODCE 


TIMOTHY HEALEY 


W P. DILLINGHAM 


J. W. REYNOLDS 




CHARLES CARBON 


Surveyor Vote for One 



JOHN F. DRYDEN 


COUNTY AND TOWNSHIP 

J. B. FORAKEk 


Sheriff Vote for One 

✓ 



J. P. DOLLIVER 

- - - 

Supervisor Vote for One 

CHESTER I. LONG 

G. B PATTERSON 


R. A ALGER 


THOMAS SPICHT 




JAMES E WATSON 


District Attorney Vote for One 


A. B. KITTREDGE 


Constable Vote for One 

JOHN T MORGAN 


R W. PARKER 


E J. BURKETT 


JOHN A. STERLING 

— 


















































































































































































THE DIRECT PRIMARY LAW. 


277 


otherwise provided herein the provisions of this act shall apply 
to the nomination of all candidates for city offices. 

Sec. 14. Polls, opening and closing of. The polls must be 
open at six o’clock of the morning of the day of primary election 
and must be kept open until seven o’clock in the afternoon of the 
same day, when the polls shall be closed; provided, however, that 
if at the hour of closing there are any voters in the polling place, 
or in line at the door, who are qualified to vote and have not been 
able to do so since appearing, the polls shall be kept open a suffi¬ 
cient time to enable them to vote. But no one who shall arrive at 
the polling place after seven o’clock in the afternoon shall be 
entitled to vote, although the polls may be open when he 
arrives. No adjournment or intermission shall be taken except 
as provided in the case of general elections. 

Sec. 15. Election officers. The officers for primary elections 
shall be the same, and shall be appointed in the same manner, 
as provided by law for general elections, and such officers shall 
receive the same compensation for their services at primary elec¬ 
tions as provided by law for general elections. 

It shall be the duty of the proper officers to furnish the 
original affidavits of registration and indexes for use at pri¬ 
mary elections, which shall show the names of all voters entitled 
to vote at such primary elections, and shall be numbered, for 
purposes of the primary election, in like manner as provided in 
Section 1113 of the Political Code. And all the provisions of 
Section 1096 of the Political Code, so far as they are consistent 
with the provisions of this act, are hereby made applicable to 
primary elections within the meaning of this act. 

Sec. 16. Challenge of voter. Any elector offering to vote at a 
primary election may be challenged by any elector of the city, 
city and county or county, upon either or all of the grounds speci¬ 
fied in Section 1230 of the Political Code, but his right to vote the 
primary election ticket of the political party designated in his 
affidavit of registration, as provided in Section 1096 of the Politi¬ 
cal Code, or his right to vote the non-partisan primary ticket 
providing no such party is so designated, shall not be chal¬ 
lenged on any ground or subjected to any tests other than 
those provided by the Constitution and Section 1230 of the 
Political Code of this state. 

Sec. 17. Qualified electors may vote. Any elector qualified to 
take part in any primary election, who has, at least thirty days 
before the day of such primary election, qualified by registration, 
as provided by section 1096 of the Political Code, shall be entitled 
to vote at such primary election, such right to vote being subject 
to challenge only as hereinbefore provided; and shall, on writing 
his name or having it written for him on the roster, as provided 
by law for general elections in this state, receive the official 
primary election ballot of the political party designated in his 
affidavit of registration; (or the non-partisan ballot, providing 
no such party was so designated), and no other; provided, 


Polls open 
b a. m. to 
7. p. m. 


Voters in 
polling place 
who are 
allowed to 
vote after 
closing time. 


How ap¬ 
pointed. 


Compensation. 


Who may 
challenge. 


Grounds for 
challenge. 


Parties not to 
he challenged. 


Must register 
thirty days 
before 
election. 


278 


CALIFORNIA ELECTION LAWS. 


Must reside 
in state one 
year and in 
county ninety 
days preced¬ 
ing election 
day. 


Stamping 

ballot. 


Ballot, when 
not to be 
rejected for 
technical 
error. 


Ballot, 
how folded. 

Printed 
designation 
on back 
to show. 


Absence of 
members of 
election 
board. 


When to 
begin. 


How 

conducted. 


Party 
ballots 
returned in 
separate 
envelopes. 


however, that no one shall be entitled to vote at any primary 
election who has not been a resident of the state one year, 
and of the county ninety days, preceding the day upon which 
such primary election is held. He shall be instructed by a 
member of the board as to the proper method of marking and 
folding his ballot, and he shall then retire to an unoccupied 
booth and without undue delay stamp the same with the 
rubber stamp there found. If he shall spoil or deface the ballot 
he shall at once return the same to the ballot clerk and re¬ 
ceive another. 

Sec. 18. Voter designating choice on ballot. The voter shall 
designate his choice on the ballot by stamping a cross (X) in 
the small square opposite the name of each candidate for whom 
he wishes to vote. If he shall stamp more names than there are 
candidates to be nominated for any office, or if for any reason it 
be impossible to determine his choice for any office, his ballot 
shall not be counted for such office, but the rest of his ballot, if 
properly stamped, shall be counted. No ballot shall be rejected 
for any technical error which does not render it impossible to 
determine the voter’s choice, nor even though such ballot be 
somewhat soiled or defaced. 

Sec. 19. Folding of ballot. When a voter has stamped his 
ballot he shall fold it so that its face shall be concealed and only 
the printed designation on the back thereof shall be visible, and 
hand the same to the member of the board in charge of the ballot- 
box. Such folded ballot shall be voted as ballots are voted at 
general elections and the name of the voter checked upon the 
register as having voted. 

Sec. 20. No intermission between closing of polls and counting 
of votes. No adjournment or intermission whatever shall take 
place until the polls shall be closed and until all the votes cast 
at such polls shall be counted and the result publicly announced, 
but this shall not be deemed to prevent any temporary recess 
while taking meals or for the purpose of other necessary de¬ 
lay ; provided, that no more than one member of the board shall 
at any time be absent from the polling place. 

Sec. 21. Canvass of votes. As soon as the polls are finally 
closed the judges must immediately proceed to canvass the votes 
cast at such primary election. The canvass must be public, in 
the presence of bystanders, and must be continued without ad¬ 
journment until completed and the result thereof declared. Ex¬ 
cept as hereinafter provided, the canvass shall be conducted, com¬ 
pleted and returned as provided by sections 1253, 1254, 1255, 1256, 
1257, 1258, 1259, 1260, i261, 1262, 1263, 1264, 1265, 1266, 1267 and 
1268 of the Political Code of this state; provided, however, that 
the ballots of each party must be sealed and returned in sep¬ 
arate envelopes and the non-partisan ballots must be sealed 
and returned in another separate envelope. The number of 
ballots agreeing or being made to agree with the number of 


THE DIRECT PRIMARY LAW. 


279 


names on the lists, as provided by section 1255 of the Political 
Code, the board must take the ballots from the box, count those 
cast by each party, and string them separately; count all the 
votes cast for each party candidate for the several offices and 
record the same on the tally lists; and count all the votes 
on all the ballots, both party and non-partisan, for the candi¬ 
dates for judicial, school, county, and township offices, and 
record the same on the tally lists. 

Sec. 22. Canvass of returns. The board of supervisors of each 
county, the board of election commissioners in any city and 
county, or, in the case of a city or municipal primary election, the 
officers charged by law with the duty of canvassing the vote at 
any city or municipal election in such political subdivision, shall 
meet at the usual place of such meeting, or at any other place 
permitted by law, at one o’clock in the afternoon of the first 
Thursday after each primary election to canvass the returns, or 
as soon thereafter as all the returns are in. When begun the can¬ 
vass shall be continued until completed, which shall not be later 
than six o’clock in the afternoon of the sixteenth day following 
such primary election. The clerk of the board must, as soon as 
the result is declared, enter upon the records of such board a state¬ 
ment of such result, which statement shall contain the whole 
number of votes cast for each candidate of each political 
party for each candidate for each judicial, school, county, or 
township office, for each candidate for delegate, if any, to a 
state convention from a hold-over senatorial district, and for 
each candidate for membership in the county central com¬ 
mittee ; and a duplicate as to each political party shall be deliv¬ 
ered to the county, city and county or city chairman of such 
political party, as the case may be. The clerk shall also make 
an additional duplicate statement in the same form, showing 
the votes cast for each candidate not voted for wholly within 
the limits of such county or city and county. The county clerk 
or registrar of voters in any city and county shall forthwith 
send to the secretary of state by registered mail or by express 
one complete copy of all returns as to such candidates, and as 
to all candidates for the state assembly, state senate, representa¬ 
tives in congress, judicial officers, except justices of the peace, 
delegate, if any, to a state convention from a hold-over sen¬ 
atorial district, and as to all persons voted for at the May 
presidential primary election. The clerk shall also prepare a 
separate statement of the names of the candidates of each politi¬ 
cal party who have received the highest number of votes for the 
several offices to be voted for wholly within such county, city 
and county, or other political subdivision in which such pri¬ 
mary election was held. The secretary of state shall, not later 
than the twenty-fifth day after any primary election, compile 
the returns for United States senator and for all candidates 
voted for in more than one county, and for all candidates for 
the assembly, state senate, representatives in congress and judi¬ 
cial offices, except justices of the peace, delegate, if any, to a 


How made. 


When to 
begin. 


When to be 
completed. 


Clerk of 
board to 
record 
statement 
of result. 


Duplicate. 


Additional 

duplicate 

statement. 


County Clerk 
or Registrar 
to send to 
Secretary of 
State copy 
of returns. 


Clerk to 

prepare 

separate 

statement 

of candidates 

receiving 

highest 

number of 

votes. 


Secretary 
of state, 
when to 
compile 
returns. 


280 


CALIFORNIA ELECTION LAWS. 


May primary, 
when to 
compile. 


In case there 
is but one 
person to be 
elected at 
the November 
election. 


Certificate of 
nomination, 
by whom 
issued. 


state convention from a hold-over senatorial district, and for 
all persons voted for at the May presidential primary election, 
and shall make out and file in his office a statement thereof. 
He shall compile the returns for the May presidential primary 
election not later than the twenty-first day after such election, 
and shall compile said returns in such a manner as to show, 
for each candidate, both the total of the votes received and the 
votes received in each congressional district of the state. 

Sec. 23. Names which go on the ballot for the election. 

Except in the case of a candidate for nomination to a 
judicial office, school office, county office, or township of¬ 
fice, the person receiving the highest number of votes, at a 
primary election as the candidate for the nomination of a 
political party for an office shall be the candidate of the 
party for such office, and his name as such candidate shall 
be placed on the oficial ballot voted at the ensuing election; 
provided, he has paid the filing fee required by subdivision 8 
of section 7 of this act. The name of the person in each 
political party who receives at a primary election the highest 
number of votes for United States senator, shall also be 
placed on the official ballot under the heading '‘United States 
Senator.” In the case of a judicial office, school office, county 
office, or township office, the candidates equal in number to 
twice the number to be elected to such office, or less, if so there 
be, who receive the highest number of the votes cast on all the 
ballots of all the voters participating in the primary election 
for nomination to such office, shall be the candidates for 
such office at the ensuing election, and their names as such 
candidates shall be placed on the official ballot voted at the 
ensuing election; provided, however, that in case there is 
but one person to be elected at the November election to a 
judicial office, school office, county office, or township office, 
any candidate who receives at the August primary election a 
majority of the total number of votes cast for all the candi¬ 
dates for such office shall be the only candidate for such office 
at the ensuing election. Of the candidates for election to 
membership in the county central committee, the candidates 
equal in number to the number to be elected receiving the 
highest number of votes in their supervisorial district or assem¬ 
bly district, as the case may be in accordance with the pro¬ 
visions of subdivision 4 of section 24 of this act, shall be de¬ 
clared elected as the representatives of their district to mem¬ 
bership in such committee. It shall be the duty of the officers 
charged with the canvass of the returns of any primary elec¬ 
tion in any county, city and county or municipality to cause 
to be issued official certificates of nomination to such party 
candidates as have received the highest number of votes as the 
candidates for the nomination of such party for any offices 
to be voted for wholly within such county, city and county, 
or municipality, and cause to be issued to such delegate a 


THE DIRECT PRIMARY LAW. 


281 


certificate of his election; and to cause to be issued official 
certificates of nomination to such candidates for judicial, 
school, county, or township office as may be entitled thereto 
under the provisions of this section. It shall be the duty 
of the secretary of state to issue official certificates of nomina¬ 
tion to candidates nominated under the provisions of this 
act for representatives in congress, members of the state 
senate and assembly and officers voted for in more than one 
county; and to issue certificates of election to all persons elected 
at the May presidential primary election as delegates to their 
respective national party conventions, and to notify each of 
said delegates of the total vote received by each of the per¬ 
sons voted for in his party at said election, under the heading 
“For Presidential Nominee.” Not less than thirty days before 
the November election the secretary of state shall certify 
to the county clerks or registrars of voters of each county and 
city and county within the state, the name of every person en¬ 
titled to receive votes vvithin such county or city and county at 
said November election who has received the nomination as 
a candidate for public office under and pursuant to the pro¬ 
visions of this act, and whose nomination is evidenced by the 
compilation and statement required to be made by said secre¬ 
tary of state and filed in his office, as provided in section 22 
of this act. Such certificates shall in addition to the names 
of such nominees respectively, also show separately and re¬ 
spectively for each nominee the name of the political party or 
organization which has nominated such person if any and the 
designation of the public office for which he is so nominated. 
The secretary of state shall also certify to the county clerk 
or registrar of voters the names of those persons who have 
received in their respective parties the highest number ot 
votes for United States senator. 

Sec. 24. Party conventions of delegates. 1. Party conven¬ 
tions of delegates chosen as hereinafter provided may be held in 
this state, for the purpose of promulgating platforms and trans¬ 
acting such other business of the party as is not inconsistent with 
the provisions of this act. 

2. The candidates of each political party for state officers, 
if any, except judicial and school officers, and such candidates 
for senate and assembly as have been nominated by such 
political party at the primary election, and in whose behalf 
nomination papers have been filed, together with one delegate 
chosen by such political party from each senatorial district 
represented by a hold-over senator, shall meet in a state con¬ 
vention at the state capitol at two o’clock in the afternoon of 
the third Tuesday in September after the date on which any 
primary election is held preliminary to the general November 
election. They shall forthwith formulate the state platforms 
of their party, which said state platform of each political 
party shall be framed at such time that it shall be made pub¬ 
lic not later than six o’clock in the afternoon of the following 


Not less 
than thirty 
days before 
the November 
election, 
Secretary of 
state to 
certify to 
clerks names 
of persons 
entitled to 
receive votes. 


Certificate, 
what to show. 


State conven¬ 
tions, how 
conducted. 


When called, 
and what 
duties. 


Party plat¬ 
forms, forma¬ 
tion of. 


282 


CALIFORNIA ELECTION LAWS'. 


When to be 
made public. 


State central 

committee, 

how 

established. 


Presidential 

electors. 


Names to go 
on November 
ballot. 


Members 
must have 
been on 
primary 
ballot. 


Vacancies. 


Delegates, 
number of, 
and how 
chosen. 


Name to be 
placed upon 
ballot. 


Not dis¬ 
qualified by 
reason of 
holding an 
office. 

Hold-over 

senator. 


Filling 

vacancies. 


Senatorial 
or Assembly 
districts 
wholly within 
one county. 


Comprising 
two or more 
counties. 


Thursday. They shall also proceed to elect a state central 
committee to consist of at least three (3) members from each 
congressional district, who shall hold office until a new state 
central committee shall have been selected. In each year of the 
general November election at which electors of president and 
vice-president of the United States are to be chosen, they 
shall also nominate as the candidates of their party as many 
electors of president and vice-president of the United States 
as the state is then entitled to, and it shall be the duty of the 
secretary of state to issue certificates of nomination to the 
electors so nominated, and to cause the names of such candi¬ 
dates for elector to be placed upon the ballots at the ensuing 
November election. 

Membership in the state convention shall not be granted to a 
party nominee for a state office or office of senator or assembly- 
man who has become such by reason of his name having been 
written on a ballot, and who has not had his name printed 
on the primary ballot by having had a nomination paper filed in 
his behalf, as provided in section 5 of this act; and, in every 
such case, a vacancy shall be deemed to exist; and any vacancy 
thereby existing, or existing because no nomination for such 
office has been made, or for any other cause, shall be filled as 
hereinafter provided. In any senatorial district represented by 
a hold-over senator there shall be chosen at such primary elec¬ 
tion by the electors of every political party one delegate to the 
state convention, who shall have nomination papers circulated 
in his behalf, shall have his name placed upon the ballot, and 
shall be chosen in the same manner as a state senator is nom¬ 
inated from any senatorial district; but no such delegate shall 
be disqualified by reason of holding any office, nor shall any 
filing fee be required in order to have his name placed upon the 
ballot. The term “hold-over senator’’ as herein used shall 
apply to a state senator whose term of office extends beyond 
the first Monday in January of the year next ensuing after 
the primary election, and the term “hold-over senatorial dis¬ 
trict” shall apply to the district represented by such hold¬ 
over senator. 

In the event that there shall not have been filed any nom¬ 
ination paper for a candidate for any state office or office of 
senator or assemblyman by the electors of any political party, 
the vacancy thus created in the state convention of such party 
shall be filled as follows: 

(a) If the vacancy occurs in a senatorial or assembly district 
situated wholly within the limits of a single county or city and 
county, by appointment by the newly elected county central 
committee of such party in such county or city and county. 

(b) If the vacancy occurs in a senatorial or assembly district 
comprising two or more counties, by appointment by the newly 
selected chairman of the several newly elected county central 
committees of such party in such counties. 


THE DIRECT PRIMARY LAW. 


283 


(c) If the vacancy occurs in a state office, by appointment 
by the state central committee of such party. 

Such delegate so appointed shall present to the convention 
credentials signed by the chairman and the secretary of the 
appointing committee, or by the appointing chairmen of the 
several committees, as the case may be. 

3. Each state central committee may select an executive 
committee to which executive committee it may grant all or 
any portion of its powers and duties. It shall choose its officers 
by ballot and each committee and its officers shall have the 
power usually exercised by such committees and the officers 
thereof in so far as may be consistent with this act. The vari¬ 
ous officers and committees now in existence shall exercise the 
powers and perform the duties herein prescribed until their 
successors are chosen in accordance with the provisions of 
this act. 

4. At each August primary election there shall be elected 
in each county or city and county a county central committee 
for each political party, which shall have charge of the party 
campaign under general direction of the state central com¬ 
mittee or of the executive committee selected by such state 
central committee. In all counties or cities and counties con¬ 
taining five or more assembly districts the county central com¬ 
mittee shall be elected by assembly districts and shall consist 
of one member for each one thousand electors or fraction 
thereof in each such assembly district registered as belonging 
to the political party with which such electors are affiliated as 
shown by the register of voters of such county or city and 
county on the first Monday of June next preceding said pri¬ 
mary election. In all counties containing less than five assem¬ 
bly’ districts the county central committee shall be elected by 
supervisorial districts, and the number to be elected from any 
supervisorial district shall be determined as follows: the num¬ 
ber of electors registered in any supervisorial district as intend¬ 
ing to affiliate with any political party shall be divided by one- 
twentieth of the number of electors registered in the entire 
county as intending to affiliate with said party, as such regis¬ 
tration exists, in each case, on the first Monday of June next 
preceding the primary election; and the integer next larger 
than the quotient obtained by such division shall constitute the 
number of members of the county central committee to be 
elected by such party in said supervisorial district. The county 
clerk or registrar of voters in each county or city and county 
shall, between the first Monday and the second Monday of 
June next preceding the primary election, complete the num¬ 
ber of ‘members of the county central committee allotted to 
each assembly district or supervisorial district, as the case may 
be, by the provisions of this subdivision. Each candidate for 
member of a county central committee shall appear upon the 


State offices. 


Credentials. 


Executive 
committee, 
selection of. 


County cen¬ 
tral committee, 
to be elected 
at August 
primary 
elections. 


In counties 
containing 
five or more 
assembly 
districts, 
number of, 
and how 
elected. 


Register of 
voters to 
show on the 
first Monday 
in June. 


Apportion¬ 
ment, in 
counties 
containing 
less than 
five assembly 
districts. 


Date upon 
which clerk 
and registrar 
of voters 
shall complete 
number of 
members of 
county central 
committee 
alloted to 
each assembly 
or super¬ 
visorial 
district. 


284 


CALIFORNIA ELECTION LAWS. 


Name to 
appear on 
ballot. 


Meeting, 
when and 
where to be 
held after 
August 
Primary. 


When may 
withdraw. 


Procedure. 


Filling such 
vacancies. 


In case of tie 
vote, candi¬ 
dates to be 
summoned. 


ballot upon the filing of a nomination paper according to the 
provisions of section 5 of this act, signed in his behalf by the 
electors of the political subdivision in which he is a candidate, 
as above provided; and the number of candidates to which each 
party is entitled, as hereinbefore provided, in each political 
subdivision, receiving the highest number of votes shall be 
declared elected. Each county central committee shall meet in 
the court house at its county seat on the second Tuesday in 
September following the August primary election, and shall 
organize by selecting a chairman, a secretary and such other 
officers and committees as it shall deem necessary for carrying 
on the campaign of the party. 

Sec. 25. Candidates who filed no papers may withdraw name. 
In case as a result of any primary election a person has 
received a nomination to any elective office without first 
having filed nominating papers and having his name printed on 
the primary election ballot, he may at least thirty days before 
the day of election cause his name to be withdrawn from nom¬ 
ination by filing in the office where he would have filed his 
nominating papers had he been a candidate for nomination, his 
request therefor in writing, signed by him and acknowledged 
before the county clerk of the county in which he resides, and 
no name so withdrawn shall be printed on the election ballot 
for the ensuing general election. The vacancy created by the 
withdrawal of such person as aforesaid, or on account of the 
ineligibility of such person to qualify as a candidate because of 
the inhibitions of subdivision 8 of section 5 of this act shall 
not be filled. In all other cases vacancies occurring after the 
holding of any primary election may be filled by the party 
committee of the city, county, city and county, or state, as 
the case may be, unless such vacancy occurs among candi¬ 
dates chosen at the primary election to go on the ballot for 
the succeeding general election for a judicial, school, county, 
or township office according to the provisions of section 23 
of this act, in which case that candidate receiving at said pri¬ 
mary election the highest vote among all the candidates for 
said office who have failed to receive a sufficient number of 
votes to get upon said ballot according to the provisions of 
said section 23, shall go upon said ballot to fill said vacancy. 

Sec. 26. Tie Vote. In case of a tie vote, if for an office to be 
voted for wholly within one county or city and county, the county, 
city and county or city board, as the case may be, shall forthwith 
summon the candidates who have received such tie votes to 
appear before such board, and such board in the presence of 
such candidates shall determine the tie by lot. In the case of a 
tie vote for an office to be voted for in more than one county, 
such tie shall be determined by lot by the secretary of state in 
the presence of the candidates or their legally appointed repre¬ 
sentatives. Such summons must in every case be mailed to the 
address of the candidate as it appears upon his affidavit of 
registration. 


THE DIRECT PRIMARY LAW. 


285 


Sec. 27. Correction of errors or omission. Whenever it shall 
be made to appear by affidavit to the supreme court or district 
courts of appeal or superior court of the proper county that an 
error or omission has occurred or is about to occur in the placing 
of any name on an official primary election ballot, that any error 
has been or is about to be committed in printing such ballot, or 
that any wrongful act has been or is about to be done by any 
judge or clerk of a primary election, county clerk, registrar of 
voters in any city and county, canvassing board or any member 
thereof, or other person charged with any duty concerning the 
primary election, or that any neglect of duty has occurred or is 
about to occur, such court shall order the officer or person 
charged with such error, wrong or neglect to forthwith correct the 
error, desist from the wrongful act or perform the duty, or forth¬ 
with show cause why he should not do so. Any person who 
shall fail to obey the order of such court shall be cited forthwith 
to show cause why he shall not be adjudged in contempt of court. 

Sec. 28. Contests of nomination. Any candidate at a primary 
election, desiring to contest a nomination of another candidate 
for the same office, may, within five days after the completion of 
the official canvass, file an affidavit in the office of the clerk of the 
superior court of the county in which he desires to contest the 
vote returned from any precinct or precincts in such county, and 
thereupon have a recount of the ballots cast in any such pre¬ 
cinct or precincts, in accordance with the provisions of this sec¬ 
tion. Such affidavit must specify separately each precinct in 
which a recount is demanded, and the nature of the mistake, 
error, misconduct, or other cause why it is claimed that the 
returns from such precinct do not correctly state the vote as 
cast in such precinct, for the contestant and the contestee. The 
contestee must be made a party respondent, and so named in the 
affidavit. No personal service or other service than as herein 
provided need be made upon the contestee. Upon the filing of 
such affidavit the county clerk shall forthwith post in a con¬ 
spicuous place in his office, upon a bulletin board to be prepared 
for that purpose, and to have upon it in conspicuous letters the 
words “Notice of primary election contests” a copy of the 
affidavit. Upon the filing of such affidavit and the posting of 
the same, the superior court of the county shall have jurisdic¬ 
tion of the subject matter and of the parties to such contest, 
and all candidates at any such primary election are permitted 
to be candidates under this act, upon the condition that such 
jurisdiction for the purposes of the proceeding authorized by 
this section shall exist in the manner and under the conditions 
provided for by this section. The contestant on the date of 
filing such affidavit, must mail a copy thereof to the contestee in 
a sealed envelope, with postage prepaid, addressed to the con¬ 
testee at the place of residence named in the affidavit of regis¬ 
tration of such contestee, and shall make an affidavit of such 
mailing and file the same with the county clerk to become a part 


Court to 
order cor¬ 
rection of 
error. 


Method of 
contesting 
election. 


Affidavit, 
when to be 
filed. 


Recount of 
ballot. 


County clerk 
to Dost notice. 


Filing of 
affidavit. 


Contestant to 
mail copy of 
affidavit to 
contestee. 


286 


CALIFORNIA ELECTION LAWS'. 


Duty of 
county clerk, 
when to 
present 
papers to 
Superior 
Judge. 


Time and 
place of 
hearing 
contest. 


Duty of 
contestee. 


No demurrer. 


Additional 
judges to 
determine 
contest. 


Procedure for 
recount of 
votes. 


of the records of the contest. Within two days after the expira¬ 
tion of the time for filing such affidavits, the county clerk shall 
present all such affidavits and proof of posting as aforesaid 
to the judge of the superior court of the county, or any judge 
acting in his place, or the presiding judge of the superior court 
of a county or city and county, or any one acting in his stead, 
which judge shall, upon such presentation, forthwith designate 
the time and place where such contest shall proceed, and in 
counties or cities and counties where there are more than 
one superior judge, assign all the cases to one department 
by the order of such court. Such order must so assign such 
case or cases, and fix such time and place for hearing, which 
time must not be less than one nor more than three days from 
the presentation of the matter to the court by the county 
clerk, as herein provided. It shall be the duty of the contestee 
to appear either in person or by attorney, at the time and place 
so fixed, and to take notice of the order fixing such time and 
place from the records of the court, without service. No special 
appearance of the contestee for any purpose shall be permitted, 
and any appearance whatever of the contestee or any request 
of the court by the contestee or his attorney, shall be entered as 
a general appearance in the contest. No demurrer or objection 
can be taken by the contestee in any other manner than by 
answer, and all the objections of the contestee must be con¬ 
tained in his answer in the contest. The court, if the contestee 
shall appear, must require the answer to be made within three 
days from the time and place as above provided, and if the con¬ 
testee shall not appear shall note his default, and shall proceed 
with all convenient speed. If the number of votes which are 
sought to be recounted, or the number of contests are such that 
the judge shall be of opinion that it will require additional 
judges to enable the contest or contests to be determined in 
time to print the ballots for the election, if there be only one 
judge for such county, he may obtain the service of any other 
superior judge, and the proceedings shall be the same as herein 
provided in counties where there is more than one superior 
court judge. If the proceeding is in a county or city and county 
where there is more than one superior court judge, the judge 
to whom the case or cases shall be assigned, shall notify the 
presiding judge forthwith, of the number of judges which he 
deems necessary to participate, in order to finish the contest or 
contests in time to print the ballots for the primary election, and 
the said presiding judge shall forthwith designate as many 
judges as are necessary to such completion of such contest, by 
order in writing, and thereupon all of the judges so designated 
shall participate in the recount of such ballots and the giving of 
judgment in such contest or contests in the manner herein 
specified. The said judges so designated by said last mentioned 
order, including the judge to whom said contests were origin¬ 
ally assigned, shall convene upon notice from the judge to whom 
such contest or contests were originally assigned, and agree 


THE DIRECT PRIMARY LAW. 


287 


upon the precincts which each one of such judges will recount, 
sitting separately, and thereupon such recount shall proceed 
before each such judge sitting separately, as to the precincts 
so arranged, in such manner that the recount shall be made 
in such precincts ’ before each such judge as to all the con¬ 
tests pending, so that the ballots opened before one judge 
need not be opened before another judge or department, and 
the proceedings before such judge in making such recount 
as to the appointment of the clerk and persons necessary to 
be assistants of the court in making the same, shall be the 
same as in contested elections, and the judge shall fix the pay 
or compensation for such persons and require the payment 
each day in advance, of the amount thereof by the person who 
is proceeding with and requiring the recount. When the 
recount shall have been completed in the manner herein re¬ 
quired, if more than one judge has taken part therein, all the 
judges who took part shall assemble and make the decision of 
court, and if there be any differences of opinion, a majority 
of such judges shall finally determine all such questions, and 
give the decision or judgment of the court in such contest or 
contests, separately. Such decision or judgment of the court 
shall be final in every respect, and no appeal can be had there¬ 
from. The judgment shall be served upon the county clerk or 
registrar of voters by delivery of a certified copy thereof, and 
may be enforced summarily in the manner provided in section 
27 of this act, and if the contest proceeds in more than one 
county, and the nominee is to be certified by the secretary of 
state from the compilation of election returns in his office, then 
the judgment in each county shall show what, if any changes 
in the returns in the office of the secretary of state relating to 
such county or city and county, ought to be made, and all such 
judgments shall be served upon the secretary of state, by the 
delivery of a certified copy, and he shall make such changes in 
the record in his office as such judgment or judgments require, 
and conform his compilation and his certificate of nomination 
in accordance therewith. 

Sec. 29. Campaign expenses. No candidate for nomination to 
any elective office, including that of United States senator in 
congress, shall directly or indirectly pay, expend or contribute 
any money or other valuable thing, or promise so to do, except 
for lawful expenses. Lawful expenses as used in this section 
are limited to expenses for the following purposes only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, circulating, and verifying of 
nomination papers. 

3. For the candidate’s personal traveling expenses. 

4. For rent and necessary furnishing of halls or rooms, during 
such candidacy, for public meetings or for committee head¬ 
quarters. 


Opening of 
ballots. 


Assistants. 


Decision of 
court on 
contest shall 
be final. 


Contest in 
more than 
one county. 


Lawful 

expenses 

defined. 


Candidate’s 

fee. 


Traveling. 

Rent, fur¬ 
nishing of 
halls, etc. 


288 


CALIFORNIA ELECTION LAWS. 


Printing 
posters, etc. 


Making can¬ 
vass of voters. 


Disabled 

voters. 


Detailed 
statement in 
duplicate, 
when to be 
filed. 


What to 
show. 


With whom" 
filed. 


Duty of 

county 

recorder. 

Certificate of 
nomination 
not to be 
issued before 
statement is 
filed. 


Violations. 


5. For payment of speakers and musicians at public meet¬ 
ings and their necessary traveling expenses. 

6. For printing and distribution of pamphlets, circulars, news¬ 
papers, cards, handbills, posters and announcements relative 
to candidates or political issues or principles. 

7. For his share of the reasonable compensation of challengers 
at the polls. 

8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters*to and from the 
polls. 

11. For postage, expressage, telegraphing, and telephoning, 
relative to candidacy. 

Sec. 30. Verified statement of expenses, etc. Every person 
•who shall be a candidate for nomination to any elective 
office, including that of United States senator in congress, 
shall make in duplicate, within fifteen days after the pri¬ 
mary election, a verified statement, setting forth each and 
every sum of money contributed, disbursed, expended or 
promised by him, and, to the best of his knowledge and be¬ 
lief, by any and every other person or association of persons in 
his behalf wholly or partly in endeavoring to secure his nomin¬ 
ation. This statement must show in detail all moneys paid, 
loaned, contributed, or otherwise furnished, to him directly or 
indirectly in aid of his election, together with the name of the 
person or persons from whom such moneys were received; and 
must also show in detail, under each of the subdivisions of sec¬ 
tion 29 of this act, all moneys contributed, loaned, or expended 
by him directly or indirectly by himself or through any other 
person, in aid of his election, together with the name of the 
person or persons to whom such moneys were paid or disbursed. 
Such statement must set forth that the affiant has used all rea¬ 
sonable diligence in its preparation, and that the same is true 
and is as full and explicit as he is able to make it. Within the 
time aforesaid the candidate shall file one copy of said state¬ 
ment with the officer with whom his nomination papers were 
filed, and the other with the recorder of the county or city and 
county in which he resides, who shall record the same in a book 
to be kept for that purpose, and to be open to public inspection. 
No officer shall issue any certificate of nomination to any person 
until such statement as herein provided has been filed, and no 
other statement of expenses shall be required except that pro¬ 
vided herein, and no fee or charge whatsoever shall be made 
or collected by any officer herein specified for the filing of such 
statements or a copy thereof. 

Sec. 31. Penalty. Any person violating any of the provisions 
of section 29 or section 30 of this act shall be guilty of a misde¬ 
meanor, and upon trial and conviction thereof, in addition to 
the sentence imposed by the court, he shall forfeit all right to 


THE DIRECT PRIMARY LAW 


289 


the office for which he was a candidate at the time of violating 
the provisions aforesaid. 

Sec. 32. Bribes. Any person who shall offer, or with knowl¬ 
edge of the same permit any person to offer for his benefit, any 
bribe to a voter to induce such voter to sign any nomination 
paper, and any person who shall accept such bribe or any 

promise of gain of any kind in the nature of a bribe as con¬ 

sideration for signing any nomination paper, whether such 
bribe or promise of gain in the nature of a bribe be offered 
or accepted before or after signing, shall be guilty of a mis¬ 
demeanor and upon trial and conviction thereof shall be pun¬ 
ished by a fine of not less than twenty-five dollars nor more 
than three hundred dollars, or by imprisonment in the county 
jail for not less than ten days nor more than one hundred and 

twenty days, or by both such fine and imprisonment. . 

2. Any person who, being in possession of any nomination 
paper or papers and affidavits entitled to be filed under the 
provisions of this act, shall wrongfully either suppress, neglect 
or fail to cause the same to be filed at the proper time and in 
the proper place shall be guilty of a misdemeanor, and upon 
trial and conviction thereof shall be punished by a fine of not 
less than one hundred dollars nor more than five hundred 
dollars, or by imprisonment in the county jail for not less than 
thirty days nor more than six months, or by both such fine and 
imprisonment. 

3. Any act or omission declared to be an offense by the gen¬ 
eral laws of this state concerning primaries and elections shall 
also in like case be an offense concerning primary elections as 
provided for by this act, and shall be punished in the same 
manner and form as therein provided, and all the penalties 
and provisions of the law governing elections, except as herein 
otherwise provided, shall apply in equal force to primary elec¬ 
tions as provided for by this act. 

Sec. 33. Secretary of State to prepare forms. It shall be the 
duty of the secretary of state and the attorney general to pre¬ 
pare on or before August 1, 1913, all forms necessary to carry 
out the provisions of this act, which forms shall be substantially 
followed in all primary elections held in pursuance hereof. 

Sec. 34. Title of act. This act shall be known as the direct 
primary law. 

Sec. 35. Constitutionality of act. If any section, subdivision, 
sentence, clause, or phrase of this act is for any reason held to 
be unconstitutional, such decision shall not affect the validity of 
the remaining portions of this act. The legislature hereby de¬ 
clares that it would have passed this act, and each section, sub¬ 
division, sentence, clause, and phrase thereof, irrespective of the 
fact that any one or more other sections, subdivisions, sentences, 
clauses, or phrases be declared unconstitutional. 

Sec. 36. Repeal. The act approved April 7, 1911, known as the 


Offering 

bribes. 


Accepting 

bribes. 


Penalty. 


Failure to 
file nomina¬ 
tion papers. 


Penalty. 


Other 

offenses. 


Duty of 
attorney 
general. 


In case 
sections of 
act are held 
to be uncon¬ 
stitutional. 


290 


CALIFORNIA ELECTION LAWS'. 


Names of 
contributors. 


Disclaiming 
responsibility 
of illegal 
payment. 


Statements 
filed with 
Secretary of 
State. 


Statements 
filed with 
county clerk. 


direct primary law, and also the act approved December 24, 
1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 23, and 24 
of the said direct primary law, are hereby repealed; and all 
other acts or parts of acts, inconsistent with or in conflict with 
the provisions of this act, are also hereby repealed. 

CANDIDATES’ EXPENSES. 

An Act to amend section one of an Act entitled “An Act to 
regulate the conduct of election campaigns, and repealing 
an Act entitled ‘An Act tp promote the purity of elections 
by regulating the conduct thereof, and to support the 
privilege of free suffrage by prohibiting certain acts and 
practices in relation thereto, and providing for the punishment 
thereof’; approved February 23, 1893.” 

(Amendment approved June 6, 1913.) 

Section 1. Itemized statement to be filed by every candidate 
voted for, within fifteen days after election. Every candidate 
who is voted for at any public election held within the state 
shall, within fifteen days after the day of holding such election, 
file, as hereinafter provided, an itemized statement, showing 
in detail all moneys paid, loaned, contributed, or otherwise fur¬ 
nished to him, or for his use, directly or indirectly, in aid 
of his election, and all money contributed, loaned, or ex¬ 
pended by him, directly or indirectly by himself or through 
any other person, in aid of his election. Such statement shall 
give the names of the various persons who paid, loaned, con¬ 
tributed, or otherwise furnished such moneys in aid of his 
election, and the names of the various persons to whom such 
moneys were contributed, loaned or paid, the specific nature of 
each item, the service performed, and by whom performed, and 
the purpose for which the money was expended, contributed or 
loaned. If the candidate seeks to avoid the responsibility of any 
illegal payment made by any other person in his behalf, 
he shall set out such illegal payment and disclaim respon¬ 
sibility therefor. Candidates for office to be filled by the 
electors of the state, or of any political division thereof 
greater than a county, and for members of the Senate and 
Assembly, Representatives in Congress, or members of the 
State Board of Equalization, or State Board of Railroad Com¬ 
missioners, shall file their statements in the office of the Secre¬ 
tary of State. Candidates for all other offices shall file their 
statements in the office of the clerk of the county wherein the 
election is held, and within which the duties of the office for 
which the candidate is voted for are to be exercised. The 
statement of a committee or candidate shall be recorded in the 
office of the County Recorder, and shall, after being filed, be¬ 
come a public record, and open at all times to public inspection 
and no fee or charge whatsoever shall be collected or made by 
any officer herein specified for filing or recording any state- 


STATUTES AT LARGE 


291 


ment required to be filed or recorded under the provisions of 
this act. Vouchers must be filed for all expenditures, except 
in the case of sums under five dollars. (Amended June 6, 
1913.) 

Sec. 2. Duty of committee. Every committee organized for 
the purpose, or charged with the duty of conducting the election 
campaign of any political party, or of any candidate or candidates, 
shall appoint a treasurer, who shall receive and disburse all 
moneys contributed for such campaign purposes, and keep a true 
account thereof, and shall, in the same manner as herein re¬ 
quired of candidates, file an itemized statement of all money 
received or disbursed by him as such treasurer. 

Sec. 3. Legitimate expenses defined. No sum of money shall 
be paid and no expense incurred by or on behalf of any candidate 
or campaign committee as defined in section two of this act, or 
any body of superior authority, to which such committee is sub¬ 
ject, if any, whether before, during, or after an election, on ac¬ 
count of or in .respect of the conduct or management of such elec¬ 
tion, except for the expenses of holding and conducting public 
meetings for the discussion of public questions, and of printing 
and circulating specimen ballots, handbills, cards, and other 
papers previous to such election, and of advertising and of post¬ 
age, expressage, telegraphing, and telephoning, and of supervising 
the registration of voters, and watching the polling or count¬ 
ing of votes cast at such election, and of salaries of persons 
employed in transacting business at office or headquarters 
and necessary expenses of maintaining the same, and for rent 
of rooms necessary for the transaction of the business of 
candidate or committee, or superior authority to which such 
committee is subject, if any, and for necessary incidental ex¬ 
penses, which shall not exceed the sum of one hundred dollars, 
if expended by a candidate, or one thousand dollars, if ex¬ 
pended by a committee; and no sum shall be paid and no 
expense shall be incurred, directly or indirectly, by or on be¬ 
half of a candidate, whether before, during, or after an elec¬ 
tion, on account of or in respect of the conduct and manage¬ 
ment of an election at which he is a candidate, in excess of the 
maximum amount following, that is to say: If the term of the 
office for which the person is a candidate be for one year or 
less, five per centum of the amount of one year’s salary of 
the office; if the term be for more than one year, and not more 
than two years, ten per centum of the amount of one year’s 
salary of the office; if the term be for more than two years, 
and not more than three years, fifteen per centum of the 
amount of one year’s salary of the office, if the term be for 
more than three years, and not more than four years, twenty 
per centum of the amount of one year’s salary of the office; 
if the term be for more than four years, ten per centum of the 
amount of one year’s salary of the office; if the office be one 
for which, in lieu of a salary, there is allowed per diem, for a 


Vouchers. 


Treasurer to 
be appointed 
and file 
itemized 
statement of 
money 
received. 


Expenses 

allowed. 


Amount that 
can be 
expended by 
candidate or 
in his behalf. 


When term 
of office is 
for one year 
or less. 


More than 
one year. 


292 


CALIFORNIA ELECTION LAWS. 


Per centum 
of allowance. 


Claims pay¬ 
able by 
committee. 


Claims must 
be presented 
to committee 
within ten 
days after 
return day 
of the 
election. 


Claims pay¬ 
able by 
candidate 
must be 
presented 
within ten 
days after 
day of 
election. 


Penalty. 


Application 
must be 
made to 
superior 
court. 


statutory period, or for the number of day’s actually engaged 
in the performance of public duties, twenty-five per centum 
of the amount to accrue for the statutory period; if the office 
be one for which in lieu of a salary, a yearly sum is allowed 
the officer for all the expenses of his office, the expenditures 
of the candidate for such office shall not exceed the amount 
of ten per centum of the allowance for such office for one year; 
if the office be one for which no salary or compensation is 
allowed, except fees, or a salary not exceeding nine hundred 
dollars per annum and fees, the expenditures of the candidate 
for such office shall not exceed the amount of one hundred and 
fifty dollars; if the office be one for which no salary or com¬ 
pensation is allowed, or for which a per diem is allowed for 
the days actually employed in the performance of a public 
duty, the expenditures of the candidate for such office • shall 
not exceed one hundred dollars; if the candidate is also at the 
same time a candidate for an unexpired term, he shall not pay 
or expend any sum on account of such unexpired term, but 
the maximum amount to be expended by such candidate shall 
be as hereinabove provided. 

Sec. 4. When claims must be presented. Every claim pay¬ 
able by a committee as defined in section 2 of this act 
on account of or in respect of any expense incurred in 
the conduct and management of an election held within 
this state, or on behalf of the candidates of the politi¬ 
cal party, organized assemblage, or body which such com¬ 
mittee represents must be presented to the committee within 
ten days after the return day of the election, and if not 
so presented, the same shall not be paid, and no action 
shall be commenced or maintained thereon, and all expenses 
incurred as aforesaid shall be paid within fifteen days after the 
completion of such official canvass, and not otherwise. Every 
claim in respect of any expenses incurred by or on behalf of a 
candidate at an election held within this state on account of or 
in respect of the conduct or management of such election shall 
be presented to such candidate within ten days after the day of 
election, and if not so presented the same shall not be paid, 
and no action shall be instituted or maintained thereon; and all 
such expenses incurred as aforesaid must be paid within twelve 
days after the day of election, and not otherwise. Any person 
who makes a payment in contravention of this section, except 
where such payment is allowed, as provided by this act, is guilty 
of a misdemeanor. 

Sec. 5. Claims presented after time limit, how may be paid. 

The superior court of the county in which such state¬ 
ment is filed or is required to be filed, may, on the application 
of either the committee or candidate, or a creditor of either, 
allow any claim, not in excess of the maximum amount allowed 
by this act, to be presented and paid after the time limited by 
this act; and a statement of any sum so paid, with a certificate 


STATUTES AT LARGE 


293 


of its allowance, shall forthwith, after payment, be filed by the 
committee or candidate in the same office as the original state¬ 
ment of the committee or candidate. If the candidate or com¬ 
mittee, upon such application, shall show to the satisfaction of 
said court that any error or false recital in such statement, or 
that the failure to make such statement or to present, within 
the designated time, a claim otherwise just and proper, has 
been occasioned by the absence or illness of such candidate, or by 
the absence, illness or death of one or more members of such 
committee, or by the misconduct of any person other than such 
applicant, or by inadvertence or excusable neglect, or of any rea¬ 
sonable cause of a like manner, and not by reason of any want of 
good faith on the part of the applicant, the court may, after such 
notice of the application as the court shall require, and on the 
production of such evidence of the facts stated in the application 
as shall be satisfactory to such court, by order, allow such state¬ 
ment to be filed, or such error or false recital therein to be 
corrected, or such claims to be paid, as to the court seems just; 
and such order shall relieve the applicant from any liability or 
consequences under this act in respect of the matters excused 
by the order. If the application is made by a creditor, the court 
may, under like conditions and upon a like showing, order the 
claim to be paid, and the creditor shall also be entitled to his 
costs. The claims of one or more creditors may be united in 
such application, but the amount and specific nature of each 
claim must be fully stated. 

Sec. 6. Rooms must not be rented where intoxicating liquors 
are sold. No payment of any money shall be made by a com¬ 
mittee or candidate for the rent of any premises to be used 
as a committee-room or headquarters, or for holding a meeting, 
or for the purpose of promoting the election of a candidate, or 
on account of, or in respect to the conduct or management of, 
an election, where intoxicating liquors are sold for consumption 
on the premises, or where intoxicating liquor is supplied to 
members of any club, society, or association; provided, that 
nothing in this section shall apply to any part of such premises 
which is ordinarily let for the purposes of offices, or for holding 
public meetings, if such part has a separate entrance and no 
direct communication with any part of the premises on which 
any intoxicating liquor or refreshment is sold or supplied as 
aforesaid. 

Sec. 7. Name of printer. Every bill, placard, poster, pamphlet 
or other printed matter having reference to an election, or to any 
candidate, shall bear upon the face thereof the name and address 
of the printer and publisher thereof, and no payment therefor 
shall be made or allowed unless such address is so printed. 

Sec. 8. Act of 1893 repealed. An act entitled “An act to pro¬ 
mote the purity of elections by regulating the conduct thereof, 
and to support the privilege of free suffrage by prohibiting certain 
acts and practices in relation thereto, and providing for the pun¬ 
ishment thereof,” approved February 23, 1893, and all other acts 


Error or 
false recital 
in statement. 


Absence or 
illness. 


Application, 
when made 
by creditor. 


Act to 
promote 
purity of 
elections 
repealed. 


294 


CALIFORNIA ELECTION LAWS'. 


Persons 
compelled to 
attend. 


This section 
to be read 
to witness. 


and parts of acts inconsistent with this act are hereby repealed; 
provided, that no provision of this act shall be construed so as 
to repeal any provision of Title IV of Part I of the Penal 
Code, entitled “Of Crimes against the Elective Franchise.” 

Sec. 9. Penalty. Any person offending against any of the 
provisions of this act shall be guilty of a misdemeanor, and be 
dealt with as provided in the Penal Code. 

Sec. 10. Who is competent witness. A person offending 
against any provisions of this act is a competent witness against 
another person so offending, and may be compelled to attend 
and testify upon any trial, hearing, proceeding, or law¬ 
ful investigation or judicial proceeding, in the same man¬ 
ner as any other person. If such person demands that 
he be excused from testifying on the ground that his 
testimony may incriminate himself, he shall not be excused, 
but in that case the testimony so given shall not be used in 
any prosecution or proceeding, civil or criminal, against the per¬ 
son so testifying, except for perjury in giving such testimony, 
and he shall not thereafter be liable to indictment or present¬ 
ment by information, nor to prosecution or punishment for the 
offense with reference to which his testimony was given. No 
person shall be exempt from indictment, presentment by in¬ 
formation, prosecution or punishment for the offense with 
reference to which he may have testified as aforesaid when such 
person so testifying does so voluntarily or when such person 
so testifying fails to ask to be excused from testifying on the 
ground that his testimony may incriminate himself, but in 
all such cases the testimony so given may be used in any 
prosecution or proceeding, civil or criminal, against the person 
so testifying. Any person shall be deemed to have asked to 
be excused from testifying under this section unless, before 
any testimony is given by such a witness, the judge, foreman 
or other person presiding at such trial, hearing, proceeding or 
investigation, shall distinctly read this section to such witness, 
and the form of the objection by the wtiness shall be immaterial 
if he in substance makes objection that his testimony may in¬ 
criminate himself, and he shall not be obliged to object to each 
question, but one objection shall be sufficient to protect such 
witness from prosecution for any offense concerning which he 
may testify upon such trial, hearing, proceeding or investi¬ 
gation. 

Sec. 11. Act takes effect, when. This act shall take effect 
and be in force from and after its passage. 


SUPPLEMENTAL INDEX TO 
PRESIDENTIAL PRIMARY ACT OF 1911. 

(Page 295 to Page 302.) Page 

Act. how applicable to direct primary law, Sec. 11.301 

Title of, Sec. 13 .302 

Acts, repeal of, Sec. 15.302 

Alternate delegates, when and how selected, duty of, Sec. 7.300 

Ballot, arrangement of candidates on for delegates, Secs. 5 and 9.298, 300 

Candidates having 
same surname, 
style of printing 

names, Sec. 5.299 

)Form of, .298 

Headings on, 

Secs. 5 & 9....298, 300 
How printed, 

Secs. 5 & 9—298, 300 
No preference 
column, 

Secs. 5 & 9....298, 300 
Printing names on, 

Sec. 5 ..299 

Tvpe used, 

Secs. 5 & 9....29S, 300 

Arrangement of, for presidential nominee, form of.298 

How printed, 

. Secs. 2, 5, 9..29G, 298, 300 
Headings on, 

Secs. 2, 5, 9..296, 298, 300 
Tvpe used, 

Secs. 2, 5, 9..296, 298, 300 
What to contain, 

Secs. 2, 5, 9..296, 298, 300 

Ballots, separate party ballots for, Sec. 1.295 

Biographical sketches, of candidates. 

By whom furnished, Sec. 10 .301 

To be mailed to voters by clerk 
or registrar with sample 

ballots, Sec. 10 .301 

When to be sent to Secretary 

of State, Sec. 10.301 

Delegates statement, form of, Sec. 6.299 

To party conventions. 

^ Chairman of State central committee, 
when to notify Secretary of State 
of number of party delegates, 

Sec. 3 .296 

Of each party, how elected, Sec. 3.296 

Secretary of State, when to certify 
to county clerk or registrar number 
of delegates of each party qualified 

Sec. 3 .296 

Direct primary law, how to govern, Sec. 11.-. 301 

Election, when to be held, Sec. 1.295 

Forms, Secretary of State and Attorney General to prepare, Sec. 12.302 

How applicable to direct primary law, Sec. 11.301 

May presidential primary, when held, Sec. 1. 295 
























SUPPLEMENTAL INDEX TO 
PRESIDENTIAL PRIMARY ACT OF 1911. 

(Page 295 to Page 302.) Page 

Method of nominating delegates, Sec. 4.,.297 

Affidavit of candidate, form of, 

when to be filed, Sec. 4.298 

Apportionment of candidates as to 

congressional districts, Sec. 4.297 

Candidates grouped together on 
nomination paper, how to appear 

on ballot, Sec. 4 . 297 

Percentage of nomination papers 

required, Sec. 4 .^..297 

Statement by candidate, as to 
action if elected, form of, when 

to be filed, Sec. 6.299 

Nomination of president, method of, Sec. 2...295 

Percentage of signatures required in each 

congressional district, Sec. 2 .295 

Person declining nomination, last day of 
filing affidavit to prevent name from 

being placed on ballot, Sec. 2.295 

Petition or affidavit not required, Sec. 2.295 

Papers of delegates, form of, Sec. 4.297 

Party delegates to national convention, when elected, Sec. 1.295 

Presidential primary, when held, who to be nominated and 

elected, Sec. 1 .295 

Qualifications for signing nomination papers, Sec. 8.300 

Registration for presidential primary election, Sec. 8 .300 

Affidavits, and indexes that are to be used, Sec. 8.300 

Code provisions applicable, Sec. 8 .300 

Date registration expires, Sec. 8 .300 

Repeal of other acts, Sec. 15 .302 

Title of act, Sec. 15 .,.302 






















295 


PRESIDENTIAL PRIMARY ACT OF 1911. 

An Jet to provide for the expression by the qualified electors of 
the several political parties of their choice for nomination 
by their party for President of the United States, and to 
provide for the election of the delegates of said political parties 
to their respective national conventions, and to call an election 
in conformity with the provisions of this Act . 

(Approved December 24, 1911.) 

Section 1. Presidential primary election, when held. On 

Tuesday, May 14th, 1912, and on the second Tuesday in May 
of every fourth year thereafter there shall be held a primary 
nominating election, to be known as the May presidential pri¬ 
mary election, at which the qualified electors of the several 
political parties shall have opportunity, on separate party ballots 
provided for that purpose, to express their preference as to 
the nominees of their respective parties for President of the 
United States, and also to elect the delegates of their respective 
parties to their respective national conventions for the nom¬ 
ination of their party candidates for President and Vice-presi¬ 
dent of the United States. 

Sec. 2. Method of nomination. The names of the candidates 
for nomination as President of the United States shall be 
printed upon the ballots, upon the filing of the nomination 
papers substantially as provided in section 5 of the act entitled 
“An act to provide for and regulate primary elections, and pro¬ 
viding the method whereby electors of political parties may 
express their choice at such primary elections for United States 
senator, and to repeal an act entitled an act to provide for and 
regulate primary elections, and providing the method whereby 
electors of political parties may express their choice at such 
primary election for United States senator, approved March 
24, 1909,” approved April 7, 1911, said act being also known 
and hereinafter referred to in this act as the “direct primary 
law” ; provided, that nomination papers for each of said candi¬ 
dates must be signed by not less than one per centum of the 
voters of his party in each congressional district of the state; 
and further provided, that no candidate for nomination for 
president need sign or file any petition, affidavit, declaration, 
statement or paper of any kind to get his name upon the ballot, 
but that in the event that any person who is presented as a 
candidate for nomination for President by the filing of nomina¬ 
tion papers as herein provided for, shall, on or before the thirty- 
fifth day before the date of the presidential primary election, 
announce by an affidavit, declaration, or statement filed in the 
office of the secretary of state, that he is not a candidate for 
nomination for President, and that he does not wish his name 
to be printed upon the ballot for said election, the said secretary 
of state shall not certify or transmit the name of such candidate 
to the respective county clerks or registrars of voters, and such 


Expression of 
preference 
and election 
of delegates 
to party 
conventions. 


Percentage of 
nomination 
papers re¬ 
quired in eacn 
congressional 
district. 


Affidavit for 
candidate not 
necessary. 


Statement of 
person not a 
candidate. 


296 


CALIFORNIA ELECTION LAWS'. 


"Verification 

deputies 


Arrangement 
and style of 
printing 
names of 
candidates foi 
presidential 
nomination on 
ballot. 


Headings, 

Type. 


Headings. 


Number of, 
how ascer¬ 
tained. 


Delegates 
shall be 
elected at 
large. 


Political 
parties 
entitled to 
participate. 


name shall not be printed upon the ballots; and provided, also, 
that verification deputies may be designated by any party sup¬ 
porter of any candidate for President, and the name of such 
supporter, followed by the words “a party supporter of” shall 
precede the name of the candidate in the form of affidavit for 
verification deputies provided for in said section 5 of said ‘'direct 
primary law.” The names of the several candidates for nom¬ 
ination for President together with the blank space for writing 
the name of such a candidate, and the headings for the same shall 
appear at the top and center of the ballot immediately below 
the instructions to voters, and shall be printed in heavy face, 
eight point, capital type. The order in which the names of the 
candidates for presidential nominee shall be printed upon the 
ballot, shall be the order in which the nomination papers of 
such candidates are filed with the secretary of state; and such 
names shall be printed one after the other in a horizontal line, 
each name being followed by a voting square, the space for the 
name and voting square together being headed by the words 
“For Presidential Nominee,” printed in heavy face ten point 
gothic type, and occupying no less than two and one-half inches 
of horizontal space. This space shall be left blank above the 
“No Preference Column” provided for in section 5 of this act. 
Below the words “For Presidential Nominee” heading the blank 
space hereinbefore provided for, shall be the words “Blank 
Space” in six point gothic type. Above the words and spaces 
herein described shall be printed in heavy face twelve point 
gothic type the words “Vote for One as Your Choice for Presi¬ 
dential Nominee.” 

Sec. 3. Delegates to party conventions. The chairman of the 
State Central Committee of each of the political parties quali¬ 
fied to participate in the election provided for in this act shall 
notify the Secretary of State on or before the first day of March 
of each bissextile or leap year as to the number of delegates 
to represent the state in the next national convention of his 
said party. If the state chairmen, or any of them, fail to file 
such notice, it shall be the duty of the Secretary of State to 
ascertain the said number of delegates from the call for said 
national convention issued by the national committee of each 
party whose chairman has failed to notify him as aforesaid. 

The delegates who shall represent each political party at its 
national convention shall all be elected by the voters of the 
state at large. The Secretary of State shall, on or before the 
tenth day of March, of the year of the May presidential pri¬ 
mary election, certify to the County Clerk or Registrar of 
Voters of each county, or city and county, the number of dele¬ 
gates to be so elected by each of the political parties qualified 
to participate in the said election. Any political party shall be 
qualified to participate in the May presidential primary election 
which is qualified to participate in the September primary elec¬ 
tion according to the provisions of the “direct primary law.” 


PRESIDENTIAL PRIMARY ACT 


297 


Sec. 4. Method of nominating delegates. The names of per¬ 
sons to be voted upon as delegates to the respective national 
conventions of the several political parties shall be printed upon 
the ballots of their respective parties upon the filing of nomina¬ 
tion papers substantially in the form provided in section 5 of 
the “direct primary law”; provided, that, in the case of each 
party, nomination papers for candidates for delegates must be 
signed by not less than one per centum of the voters of said 
party in each congressional district of the state; and provided, 
also, that whenever a number of candidates for delegates join 
together in appointing the same verification deputies, and in 
filing statements with the Secretary of State, as hereinafter 
provided in this section, setting forth that said candidates for 
delegates prefer the same person as candidate for presidential 
nominee, there may be filed upon the same nomination paper 
the names of as great a number of candidates for delegates from 
any party as the total number of delegates to be elected by 
said partv, and no more than such number; and provided, 
further, that when the number of names of candidates printed 
upon the same nomination paper exceeds the number of con¬ 
gressional districts in the state, but is less than twice the num¬ 
ber of such districts, the names of such candidates thus 
grouped together shall be so selected that not more than three 
and not less than one of such candidates shall reside in any 
one congressional district, and that when the number of names 
of candidates printed upon the same nomination paper exceeds 
twice the number of congressional districts in the state, the 
names of such candidates thus grouped together shall be so 
selected that not more than four and not less than two of such 
candidates shall reside in any one congressional district; and if 
not so selected said names shall not be grouped together on 
the ballot, but shall appear as individuals. 

Candidates for delegates grouped together on the same nom¬ 
ination paper and selected as aforesaid shall be similarly 
grouped, in the same order of names, upon the ballots of their 
party; provided, that such group of candidates for delegate has 
the endorsement of that candidate for presidential nominee for 
whom the members of said group have filed a preference or the 
endorsement of such a state political organization created in 
support of the candidacy of said presidential nominee as shall 
not be repudiated by him as lacking authority to make such 
endorsement; said endorsement, either of the candidate or of 
the organization supporting him, to be filed with the Secretary 
of State. *Mo candidates for delegate not thus endorsed shall 
have their names printed upon the ballot in a group, but such 
candidates must appear as individuals; and further provided, 
that the name of no candidate shall appear more than once on 
the ballot, and that any candidate whose nomination paper is 
filed in more than one group, or in the same group differently 
arranged, shall have his name printed on the ballot as a part 
of that group which has received the endorsement as herein 


Percentage of 
nomination 
papers re¬ 
quired. 

Grouping of 
candidates. 


Apportionment 
of candidates 
to congres¬ 
sional dis¬ 
tricts. 


Endorsement 
of group by 
candidate for 
presidential 
nominee. 


298 


CALIFORNIA ELECTION LAWS'. 


Affidavit and 
statement by 
candidate for 
election as 
delegate. 


Candidates 
for delegate 
in any 
political 
party. 


Headings. 

Type. 


No Preference 
Column. 


Blank 

column. 


In case 
candidates 
have 
the same 
surname. 


recited; provided, that one of the groups in which his name 
occurs has received such endorsement. 

Each candidate for election as delegate to his national party 
convention must file with the Secretary of State not later than 
the time of filing of the nomination papers containing his name, 
an affidavit substantially as provided in section 5 of the “direct 
primary law*” and may also include with his affidavit the state¬ 
ment “I personally prefer - as the nominee of my 

party for President of the United States” (filling in the blank by 
inserting his choice for such nominee). But his failure to in¬ 
clude such statement shall not be a valid ground on the part 
of the Secretary of State for refusal to receive and file the 
nomination papers containing his name. 

Sec. 5. Arrangement of names in parallel columns on ballot. 

The names of the candidates for delegate in any political party 
shall be arranged upon the ballots of such party in parallel 
columns each column standing directly underneath the space 
headed by the words, “For Presidential Nominee,” and the 
various candidates for delegate appearing in these columns as 
determined by their preference for President, according to the 
provisions of section 4 of this act. The left-hand column shall 
be headed in heavy face, ten point, gothic type, “Candidate 
Preferring-” (the blank being filled out by the sur¬ 

name of the first candidate for presidential nominee on the 
ballot, as determined by section 2 of this act). The second 
column shall be similarly headed, except that the surname of 
the candidate for presidential nominee shall be for the name 
second in the list of candidates for presidential nominee, and 
so on for as many candidates for presidential nominee as are 
printed at the top of the ballot in the list of such candidates. 
To the right of the last column headed by the surname of a 
candidate for presidential nominee shall be a column headed 
“No Preference Column,” in which shall appear the names of all 
candidates for delegate who have expressed no preference for 
presidential nominee, or who have expressed a preference for 
a candidate for presidential nominee other than the candidates 
for presidential nominee printed at the top of the ballot. Above 
this “No Preference Column,” neither the words “For Presi¬ 
dential Nominee,” nor the space for the name of such nominee 
shall appear. To the right of this last column shall be a col¬ 
umn headed “Blank Column,” which shall contain as many 
blank spaces as there are delegates to be elected by the political 
party concerned. In case that there are no names of candidates 
for delegate to be placed in a “No Preference Column,” such 
“No Preference Column” shall be omitted from the ballot, and 
the “Blank Column” as herein provided for shall be placed to 
the right of and contiguous to the last column headed by the 
surname of a candidate for presidential nominee. In the "event 
that two or more candidates for presidential nominee whose 
names are printed upon the same ballot have the same sur- 









OFFICIAL PRESIDENTIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Third Assembly District, May 14, 1912. 


To vote for a parson whosa nama appears on the ballot, stamp a cross (X) in the square at the RIGHT of the name of the person for whom you desire to vote; or If you wish to vote 
for all of a group of persons, stamp a cross (X) in the square opposite such group, which cross shall be counted for each name of the group. A group consists of candidates for delegate 
nominated on the same nomination paper. To vote for a person whose name is not printed on the ballot, write his name in the blank space provide'd for that purpose. 


Vote for One as Your Choice for Presidential Nominee. 


For Presidential Nominee 

FoT Presidential Nominee 

For Presidents Nominee 


For Presidential Nominee 

JOHN P. MONROE 


WILLIAM ADAMS 

H 

| henryjackson 

□ 

1 ■ 1 

1 



For Delegates to National Convention. Vote for 26, either as individuals or by group. But do not vote for more than 26. 


Candidates Preferring MONROE 


THOMAS F BRADLEY 


DAVID JONES 


Candidates Preferring ADAMS 


| 1. JOHN SMITH 


Topol 

fTOOp. 

L 

ANDREW .LEWIS 


Topol 

1 

THOMAS TUCKER 


E CHARLES BROWN 



E 

JAMES CONNORS 



X 

WILLIAM REED 


J. JOSEPH CANNON 



E 

HENRY HOFFMAN 



1 

JAMES WILSON 


4. a P. HENRY 



4. 

FRANK CHURCH 



A 

JOHN BROWN 


E CEORCE A HALL 


► 

<} 

E 

GliO. WATSON 


> 

. § 

1 

H. P GOODMAN 


E JOHN BORT 


8 

X 

« 

EDWARD PEASE 


8 

X 

E 

J. B SMITH 


f. FRANK GOOD 


i 

F 

ROBERT LLOYD 



F 

E J. JONES 


E ROBERT HANSON 


J. 

E 

ROBERT PRINCE 


i 

E 

PETER STIRLING 


E FRANK HANLON 


£ 

1 

E 

PHILIP ROBERTSON 


9. 

N O MASON 


10. FRED MARTIN 


i ' 

z 

IE 

CEORCE CARPENTER 


z - 

10. 

E R SILL 


IL CHAS B- HAMILTON 

■ 

i 




I 













IE WALTER PERRY 



IE 

DANIEL SNOW 



IX 

ANDREW TURNER 












?' IE JOHN GRAHAM 


jf 

IE 

WALTER SCOTT 



IX 

F C. DONAHUE 


IE OEO P GOLDEN 



IE 

EDWARD KING 



14 

D. L. TAYLOR 


LE THOMAS CIBSON 



11 

FRED TYLER 


£ 

IX 

JOHN THOMPSON 


IE HENRY GARDNER 


1 

IE 

WILLIAM BROOKS 


i 

. '*• 

* * 

O T MOORE 


IF CHAS M FRENCH 


I 

‘ - ET 

IF 

JOHN GORMAN 


F 

* IF. 

L. J CARSON 


IE DAVID FOWLER 


f 

IE 

FRANK McCLURE 


£ 

1 

s 

• 

F O. JONES 


| IE LOUIS FREEMAN 


1 

S 

IE 

HARRY WRIGHT 


IE 

JOHN SAMTER 


j 2E JACOB DUNBAR 


£ 

t 

». 

CHARLES YOUNG 


i 

X 

» 

E. F. JOHNSON 


». HENRY DOYLE 


p 

XL 

DAVID BAI,L 


r 

>1. 

X. V BROAD 


IE HERMAN DAVIS 



22. 

El GENE CAHILL 



22 

PETER HEAD 


XX FRED CLARK 



FJ 

ANDREW GREEN 



*X 

L T WILLIAMS 


M ROBERT BURNETT 



14. 

EDWARD WHITE 



14 

ELLIS THORNTON 


IE JOHN BUSHNELL 



n 

JAMES GIBSON 



*s. 

HUGH CONWAY 


XE CHARLES MARTIN 


End. l 

CTOOP- 

Ml 

GEO MERRILL 


Erwlo# 

(T-OOp. 


F. T. WILLIAMSON 









FRED A CHAMBERS 


Candidates Preferring JACKSON 


Topol 


l 

S 

i 


□ 


I 


F rut at 
t»oup. 


FRANK D ARMFS 


R C KENNY 


EDWIN MILLER 


No Preference Column 


JAMES CONWAY 


EVERETT WILLIAMS 


WALTER P SHORT 


EDWIN LONG 


) T BLACK 


JOHN COULTER 


D. V ELLISON 


ANDREW BUSH 


PERRY ALLSN 


SAM BILLINGS 


ARTHUR GALE 


F J. WHIT* 


Blank Column 


/ 


























































































































































PRESIDENTIAL PRIMARY AOT 


299 


name, the distinguishing names or initials of such candidates 
shall be prefixed to their respective surnames on said ballot, 
following the words “Candidates Preferring.” 

The names of the various candidates for delegate shall be 
printed in eight point, roman capital type, under their respective 
preferences for presidential nominee or in the “No Preference 
Column,” as heretofore provided in this act. The names of each 
group on the ballot shall be numbered in heavy face, eight 
point type. The order of names for each column upon the ballot 
shall be the same as the order in which such names were filed 
with the Secretary of State; provided, that above the individual 
names in each column shall appear the group of names, if any, 
which has received the endorsement referred to in section 4 
of this act. 

A blank column one-half inch wide shall be left upon the 
ballot opposite each group of names and to the right of the 
column of voting squares for the individual names and sepa¬ 
rated from it by a light dotted line, which blank column shall 
contain a square in which may be stamped a cross (X) which 
shall be counted as a vote for each and every name in the 
group opposite. Lengthwise along this blank column shall be 
printed “A cross (X) stamped in this square shall be counted 
for each name of the group to the left.” The line separating 
any name from any other name not in a group or from any 
group of names shall be heavier than any line separating the 
individual names in such group, and shall extend across the 
blank column provided for in this paragraph. Below the top 
line of this extension shall be printed in small heavy face type 
the words “top of group,” and above the bottom line of. the 
extension, the words “end of group.” 

Sec. 6. Statement by candidate as to his action if elected. 
Each candidate for election as delegate to his national party 
convention may include with his affidavit the statement here¬ 
inafter set forth in this section ; but his failure to include such 
statement shall not be a valid ground on the part of the Secre¬ 
tary of State for refusal to receive and file his nomination paper 
or papers. 

Such statement, if any be made, shall be in substantially 
the following form: 

DELEGATE’S STATEMENT. 

I hereby declare to the voters of my political party in the 
State of California that if elected as delegate to their national 
party convention, I shall, to the best of my judgment and 
ability, support that candidate for President of the United 
States who shall have received the highest number of votes 
cast throughout the entire state by the voters of my party for 
said office, at the May presidential primary election. 


Signature of candidate for delegate. 


Style of 
printing 
names. 


Arrangement 
for individual 
names, or for 
groups. 


Delegates 
statement to 
support 
candidate 
for president. 


Form. 



300 


CALIFORNIA ELECTION LAWS. 


Number of 
alternate 
delegates 
selected. 


Original 
affidavits of 
registration 
may be used. 


Date 

registration 

expires. 


Qualifications 
for signing 
nomination 
papers. 


Direct 
Primary 
law ballot, 
how 

applicable. 


Heading. 


Instruction 
to voters. 


Sec. 7. Alternate delegates to convention. The delegates to 
each national party convention elected at the May presidential 
primary election, shall, before leaving the state to attend the 
convention, meet together and select alternates to the conven¬ 
tion. The number of alternates to be selected shall be no 
greater than one for each delegate, and each alternate must 
be selected from the congressional district of the delegate for 
whom he is an alternate; and the method of selection shall be 
as determined upon by the majority of the whole number of 
delegates who have been elected to the convention. The duties 
of an alternate shall be those usually appertaining to that posi¬ 
tion, and as prescribed by each party in the call for its national 
convention. The alternate of any such delegate as may be 
unable to attend the convention, shall attend the convention 
in his place, and shall otherwise discharge the duties of said 
delegate. 

Sec. 8. Registration for use at presidential primary. For 

purposes of the May presidential primary election, the original 
affidavits of registration and indexes used in the last general 
election in any county or city and county in this state may 
be used, together with the original affidavits of registration 
since the last election, and supplemental indexes, showing all 
additional registrations, changes and corrections made since the 
registration for the last general election, completed to and in¬ 
cluding the thirty-first day prior to said May presidential pri¬ 
mary election, which shall be the last day on which any person 
may register or transfer registration so as to entitle said person 
to a vote at such primary. Any person registered in accordance 
with the provisions of this section, and who has stated his 
political affiliation in accordance with section 1096 of the 
Political Code, shall be qualified to vote at such election, and 
shall receive the ticket of that political party only with which 
he has declared himself affiliated. Any person qualified by 
the provisions of this section to vote at any May presidential 
primary election shall also be qualified to sign the nomination 
papers of any person to be voted upon at such primary election. 

Sec. 9. Preparation and Form of Ballot. The ballot to be 
used at the May presidential primary election shall be prepared 
according to the provisions of section 2, 4 and 5 of this act, 
and also according to such provisions of section 12 of the 
“direct primary law” as are applicable to this act and not in 
conflict with its provisions; provided, that the words at the 
top of the ballot shall be “Official Presidential Primary Election 
Ballot,” and that the instructions to voters shall be as follows: 
To vote for a person whose name appears on the ballot, stamp 
a cross (X) in the square at the right of the name of the person 
for whom you desire to vote; or if you wish to vote for all of a 
group of persons, stamp a cross (X) in the square opposite such 
group, which cross shall be counted for each name of the group. 
A group consists of candidates for delegate nominated on the 


PRESIDENTIAL PRIMARY ACT 


301 


same nomination paper. To vote for a person whose name is 
not printed on the ballot, write his name in the blank space 
provided for that purpose. There shall be printed in heavy 
face, twelve point gothic type, across the page above the col¬ 
umn of candidates for delegates, the words, “For Delegates to 

National Convention Vote for -, either as individuals or 

by group, but do not vote for more than -” (the blanks 

being filled in by the number of delegates to be elected by the 
political party concerned). 

The ballot shall be printed substantially in the following 
form: 

Sec. 10. Biographical sketches of candidates for presidential 
nomination to be mailed to voters with sample ballots. Accom¬ 
panying the sample ballot for the May presidential primary 
election mailed to the voters of each political party, there shall 
be included for such party a sheet with the following title in 
twenty-four point capital type, “Biographical Sketches of Presi¬ 
dential Candidates.” Under this heading there shall appear in 
twelve point capital type the name of each candidate of such 
party for nomination for President for whom a biographical 
sketch is furnished, and below such name shall be printed in 
ten point type the biography of such candidate in no more than 
three hundred words. The biographical sketch of each candi¬ 
date for presidential nomination shall be furnished by such 
candidate or by such state political organization created in 
support of his candidacy as shall not be repudiated by him in 
lacking authority to furnish such biographical sketch. Such 
biographical sketch shall be sent to the Secretry of State, to¬ 
gether with the sum of two hundred dollars to defray the cost 
of its publication, at least forty days prior to the date of the 
May presidential primary election, and it shall be printed at the 
state printing office and sent to the county clerks or registrars 
of voters to be mailed with the sample ballots as aforesaid. 
The biographical sketches of all the candidates for presidential 
nomination of any party who appear upon the ballot of such 
party, and none other, shall be printed upon the same sheet, and 
shall appear in the same order as they appear upon the ballot. 
The sheet mailed to the voters by the county clerks or regis¬ 
trars of voters shall be the one which contains the biographies 
of such candidates for presidential nomination as appear upon 
the ballots mailed to the voters in the same envelope and no 
other sheet shall be mailed. In the case of any political party 
for none of whose candidates any biographical sketch has been 
furnished, no sheet as hereinbefore provided shall be prepared 
or mailed. 

Sec. 11. Provisions of direct primary law to govern. The 

provisions of the direct primary law as amended by the legis¬ 
lature of the State of California at its special session com¬ 
mencing on the twenty-seventh day of November, 1911, shall 
govern the May presidential primary election in so far as said 


Form of 
ballot. 


Biographical 

sketches. 


Type 


How 

furnished. 


To whom 
sent, and 
when to be 
received. 


County clerk 
and registrar 
of voters to 
mail with 
sample ballot. 


How 

applicable to 
direct 

primary law. 




302 


CALIFORNIA ELECTION LAWS. 


Secretary of 
state and 
attorney 
general to 
prepare 
forms. 


Acts 

repealed. 


When more 
than one 
election is 
held on the 
same day in 
same 
territory. 


Method of 

consolidating 

elections. 


Election 

precincts. 


One set of 

election 

officers. 


provisions are applicable to said election and are not incon¬ 
sistent with or in conflict with the provisions of this act. 

Sec. 12. First election called under this act. The first 
election under the provisions of this act is hereby called for, 
and shall be held throughout the State of California, on Tues¬ 
day, the fourteenth day of May, 1912. It shall be the duty of 
the Secretary of State and the Attorney General to prepare, 
on or before the first day of February, 1912, all forms necessary 
to carry out the provisions of this act, which forms shall be 
substantially followed in all presidential primary elections held 
in pursuance hereof. 

Sec. 13. Title of act. This act shall be known as the Presi¬ 
dential Primary Act. 

Sec. 14. This act, inasmuch as it calls an election and pro¬ 
vides the procedure therefor, shall, under the provisions of 
article IV, section 1, of the constitution, take effect immediately. 

Sec. 15. Inconsistent acts repealed. All acts and parts of 
acts inconsistent with or in conflict with the provisions of this 
act are hereby repealed. 


CONSOLIDATION OF ELECTIONS. 

An Act to permit the consolidation of elections and to provide 
a procedure therefor. 

(Approved June 11, 1913.) 

Section 1. Consolidation of elections on same day. Whenever 
two or more elections are called to be held on the same day, 
in the same territory, or in territory that is in part the same, 
such elections may be consolidated in the manner provided by 
this act. 

Sec. 2. Two or more elections. Any such two or more elec¬ 
tions, whether held under a freeholders’ charter or under any 
state law, or both, may be so consolidated and different elec¬ 
tions called by the same governing body may be so consoli¬ 
dated. 

Sec. 3. Authority to consolidate. Such elections may be con¬ 
solidated as to territory which is the same by order of the 
governing body or bodies calling the elections; and where one 
of the elections to be consolidated is a state election, the board 
of supervisors of the county wherein said consolidation may 
be had shall have authority to order such consolidation, as 
respects such state election. 

Sec. 4. Voting places, offices, returns, etc., of consolidated 
elections. Within the territory affected by such order of con¬ 
solidation, the election precincts, polling places and voting 
booths shall, in every case, be the same and there shall be only 
one set of election officers in each of such precincts. When the 



SUPPLEMENTAL INDEX TO 
CANDIDATES’ EXPENSES. 

(Page 290 to 294.) 

Page 

Act takes effect, when, Sec. 11 .293 

Acts repealed, Sec. 8 .293 

Amount that can be expended by candidate, or in his behalf, Sec. 3.291 

Avoiding illegal payments by other persons .290 

Campaign committees, duty of, Sec. 2 .291 

Treasurer, appointment of, Sec. 2.291 

To file itemized statement of 

moneys, Sec. 2 .291 

Candidate disclaiming responsibility of illegal payments, Sec. 1.290 

Claims payable by committee, must be presented to committee within 

ten days after election .291 

By candidate, must be presented to candidate within ten days 

days after election, Sec. 4.•.291 

Presented after time limit, how may be paid, Sec. 5.292 

Absence or illness, Sec. 5..293 

Application to be made to superior 

court, Sec. & .292 

When made by creditor.293 

Error or false recital in statement, 

Sec. 5 ......293 

Expenses allowed, Sec. 3 .291 

Itemized statement to be filed by every candidate voted for within 

fifteen days after election, Sec. 1.290 

Legitimate expenses defined, Sec. 3 .291 

Penalty, for offenses against act, Sec. 9 .293 

Payments made in contravention, Sec. 4.291 

Persons offending against provisions of act, who are compelled 

to attend, Sec. 10 .293 

Rooms must not be rented where intoxicants are sold, Sec. 6.293 

Statements, that are to be filed with county clerk, Sec. 1.290 

Secretary of State, Sec. 1.290 

To be recorded in office of county recorder, Sec. 1.290 

To give names of contributors, Sec. 1.290 

What are legitimate expenses, Sec. 3.291 

When claims must be presented, Sec. 4 .292 


CONSOLIDATION OF ELECTIONS. 

Page 302-303.) 

Act not to conflict with an act to provide for regulation of traffic 

in alcoholic liquors, Sec. 6 .303 

Acts not repealed, Sec. 6 .303 

Authority to consolidate, board of supervisors procedure on, Sec. 3.302 

Consolidation of elections on same day, Sec. 1 .302 

Election, how conducted, Sec. 4 .302 

Officers, appointment of, Sec. 5 .303 

Precincts, but one set of election officers for, Sec. 4.302 

Method of consolidating elections, Sec. 3 .302 

Two or more elections may be called by same governing body, Sec. 2.302 

When more than one election is held on the same day in the same 

territory, Sec. 1 .302 


VOTING MACHINES. 

(Page 304 to Page 322). 

Apportionment of machines to number of voters, code sections 

applicable, Sec. 14 .315 

Ballot, arrangement of, Sec. 4 .306 

Canvass of votes, duty of inspector, Sec. 11.312 

How conducted, Sec. 11 .312 
















































SUPPLEMENTAL INDEX TO 

(Page 304 to Page 322.) 

Voting Machines—Continued. Page 

Instruction to voters, Sec. 10 .311 

Date for testing, duty of county clerk, Sec. 1..320 

Voting machines before election, Sec. 1.320 

Duties of election board, Sec. 8 .309 

Election supplies, arrangement of, Sec. 8 .309 

For machines to be furnished not later than 

twenty-four hours preceding election, Sec. 6.308 

What to consist of, Sec. 6 ......308 

Election board certificate of dials used, forms of, Sec. 8...310 

Expert inspection of, Sec. 12 .314 

General election laws to govern, Sec. 17 .319 

Joint ownership by counties and cities, Sec. 3.305 

Machines to be examined, tested, and sealed, when, Sec. 16a.318 

Approved by State commission, Sec. 1, Subd. 2.304 

Must be approved ninety days prior to election date, 

Sec. 1, Subd. 3 .304 

Misconduct at election, Sec. 13 .315 

Notice of inspection, Sec. 16a .318 

Official ballot, what to consist of, Sec. 15.315 

Party nominations may be designated by abbreviating party 

names, Sec. 2 .304 

Political party representatives to be notified of test of machines, Sec. 2-..320 

Rights of independent candidates, Sec. 2.320 

Record of election, how long preserved, Sec 12 .313 

Requirements of machine before approved, Sec. 4 .305 

State commission on, who are, Sec. 1 .304 

Supervisors may provide, Sec. 2 ...305 

Superintendent of machines, providing for, salary, Sec. 16...316 

Tally sheets, form of, Sec. 8 ...310 

Time voter may remain in booth, Sec. 10 .312 

Violations of act, Sec. 3.T.322 

Of Act, penalty, Sec. 18 ...319 

Voting, how conducted, Sec. 10 .....311 

Machine instructors, when and how appointed, Sec. 7.308 


CLASSIFICATION OF MUNICIPAL CORPORATIONS. 

(Page 322 to Page 324.) 

Certified copy of record on minutes to be filed with board of 

supervisors Sec. 3 .324 

Classes described, Sec. 1 .........322 

Classification of, how determined, Sec. 2 .323 

Council, board of trustees may cause enumeration of inhabitants, Sec. 3..323 

Determination of classification to be based on federal census, Sec. 2.322 

Election, by whom called, and how conducted, Sec. 3 .323 

Of officers, how conducted, Sec. 3 ...323 

Petition, number of signers required, Sec. 3.323 

Reorganization under a higher or lower class, method of, Sec. 3.323 

When to be reclassified by legislature, Sec. 2 .232 


ORGANIZATION OF MUNICIPAL CORPORATIONS. 

(Page 324 to Page 331.) 

Abstract of votes, for annexation of territory, what to show, Sec. 7.329 

Consolidation, what to show, Sec. 8.330 

Reorganization, what to show, and with whom 

filed, Sec. 4 .....327 

Annexation of territory, boundaries, how changed, Sec. 7....328 

Application of act relating to indebtedness prior to consolidation, Sec. 8..331 

Ballot for consolidation, form of, Sec. 8.......330 

Reorganization, form of, Sec. 4...........'......327 

To annexed territory, form of, Sec. 7 ...328 

Incorporate, form of, Sec. 2 .325 



















































SUPPLEMENTAL INDEX TO 
ORGANIZATION OF MUNICIPAL CORPORATIONS. 

Page 

Boundaries, how changed or established, Sec. 2 .325 

Incorrectly described, procedure on, Sec. 2.325 

Canvass of votes for annexation of territory, Sec. 7.329 

Canvass of votes for incorporation to be made by board of 

supervisors, Sec. 3 .326 

Consolidation, how conducted, Sec. 8 .330 

Consolidation of, Sec. 8 .329 

Corporations consolidated, publication of, Sec. 8.329 

Duty of board of supervisors upon receipt of petition to 

organize, Sec. 2 .325 

Outgoing officers, Sec. 6 .328 

Election for election of officers consolidated cities, how 

conducted, Sec. 8 .330 

How conducted, Sec. 4 .327 

To annexed territory, Sec. 7 ..328 

Consolidate, how conducted, Sec. 8 .329 

Incorporate, how conducted, Sec. 3 .326 

Officers, by whom appointed, Sec. 7 .329 

How consolidated, Sec. 8 . 329 

Manner of procedure to organize, Sec. 2 .324 

Notice of election to incorporate, Sec. 2 .325 

Number of inhabitants required to organize, Sec. 1 .324 

Order of incorporation, copy of to be filed with Secretary 

of State, Sec. 3 . 326 

Petition for annexation, number of signers, Sec. 7 .328 

To consolidate, number of signers, Sec. 8.329 

To organize, number of signers, what to describe, Sec. 2.324 

Publication of notice to annexed territory, what to state, Sec. 7.328 

To incorporate, what to contain, Sec. 2 .325 

Of incorporation, Sec. 4 .326 

Petition to organize, Sec. 2.325 

Reincorporation not to affect title or property, Sec. 5.327 

Reorganization of, manner of procedure, Sec. 4...326 


MUNICIPAL CORPORATIONS OF THE FIFTH CLASS 
GENERAL PROVISIONS RELATIVE TO OFFICERS. 

(Page 331 to Page 335.) 

Fifth class cities. 

Appointive officers, pound master, superintendent of streets, and city 

engineer, Sec. 752 .332 

Ballot on adoption of commission form of government, form of, 

Sec. 752a .-.-.332 

Ballots, on appointment of city officers, commission form of 

government, Sec. 752b .333 

Canvass of returns, on commission form of government, 

how conducted, Sec. 752a .332 

Compensation, who to receive and who not to receive, Sec. 755.333 

Consolidation of offices, Sec. 751 .331 

Election for ordinance to divide administration into departments, 

Sec. 752a .332 

How regulated, laws that govern, Sec. 756 .333 

On adoption of commission form of government, Sec.752a....332 
On appointment of city officers, commission form of 

government, Sec. 752b .333 

School district, how conducted, Sec. 795 .335 

When to be held, and how conducted, Sec. 752.331 

Eligibility to office, residence, how long required, Sec. 757.334 

Free public libraries, election laws that govern, Sec. 758.334 

Officers, who are, Sec. 751 .331 














































SUPPLEMENTAL INDEX TO 
MUNICIPAL CORPORATIONS OF THE FIFTH CLASS 
GENERAL PROVISIONS RELATIVE TO OFFICERS. 

(Page 331 to Page 335.) 

Power of board of trustees, on adoption of commission form of Page 

government, Sec. 752a .332 

Rules that govern relating to elections, Sec. 762......334 

Term of office, Sec. 752 ......331 

Vacancies in office, how filled, Sec. 754.333 

When absence from city effects, Sec. 754 .333 

Voter, qualification of, Sec. 756 .,.334 


MUNICIPAL CORPORATIONS OF THE SIXTH CLASS. 

(Page 335 to Page 338.) 

Sixth class cities. 

Appointive officers, Sec. 851 and Sec. 852 .:.335-336 

Ballot, on adoption of commission form of government, form of 

Sec. 852a ...,.336 

Question whether city offices shall be elective, or appointive 

offices, form of, Sec. 852b .337 

Canvass of returns, on adoption of commission form of government, 

how conducted, Sec. 852b .337 

Compensation, who to receive and who not to receive, Sec. 855.337 

Consolidation of offices, Sec. 851 ..'.335 

Election, for ordinance to divide administration into departments, 

Sec. 852a .336 

General municipal, when held, Sec. 852 .335 

Term of office, Sec. 852 ..335 

How regulated, laws that govern, Sec. 856.338 

On adoption of commission form of government, Sec. 852a.336 

On question of appointment of city officers, commission 

form of government, Sec. 852b .337 

To decide on compensation of officers, Sec. 855.337 

Eligibility to hold office as trustees, residence, how long required, 

Sec. 857 .338 

Officers, who are, Sec. 851 .335 

Power of board of trustees, on adoption of commission form of 

government, See. 852a .336 

Vacancies in office, how filled, Sec. 854.337 

When absence from city effects, Sec. 854 .....337 

Voter, qualification of, Sec. 856 .'.338 

Legislative department. 

Board of trustees, president of, Sec. 858 .338 

When to meet, Sec. 858 . 338 

Rules that govern, relating to elections, Sec. 860 .339 


1 

• !, • . 

• . ■ i 


I 

































STATUTES AT LARGE 


303 


returns of elections consolidated under this act are required 
to be canvassed by different canvassing bodies, such elections 
shall be conducted separately in the same manner as if they had 
not been consolidated, except as in this section provided. When 
the returns of any two or more elections consolidated under 
this act are required to be canvassed by the same body, such 
elections shall be held in all respects as if there were only one 
election, and only one ticket or ballot shall be used thereat. 

Sec. 5. Appointment of officers, etc. When elections are con¬ 
solidated under the provisions of this act, the governing body 
or bodies ordering such consolidation may, in the territory 
affected thereby, provide for the appointment of officers of 
election, for the formation of precincts for such elections and 
the expenses of said election. 

Sec. 6. Act of 1911 not repealed. Nothing in this act shall be 
so construed as to repeal an act of the legislature of the State 
of California, entitled, “An act to provide for the regulation of 
traffic in alcoholic liquors by establishing local option; author¬ 
izing the filing of petitions praying for elections to vote upon 
the question whether the sale of alcoholic liquors shall be 
licensed within the territory described in such petition; pro¬ 
viding for the calling and holding of such elections; making it 
the duty of the proper governing body to declare such territory 
to be no-license territory unless a majority of votes is cast in 
favor of license; providing that no licenses, permits or other 
authority to sell or distribute alcoholic liquors in no-license 
territory shall be granted; forfeiting and declaring void all such 
licenses or permits theretofore issued and in force; making it 
a penal offense to sell, give away or distribute alcoholic liquors 
within such territory, with certain exceptions; and providing 
penalties for such offenses.” 


Act not to 
conflict with 
an act to 
provide for 
regulation of 
traffic in 
alcoholic 
liquors. 


304 


Machines, 
Approval of. 


VOTING MACHINES. 


CREATION OF COMMISSION—WHAT MACHINES MAY 
BE USED—DUTY OF SECRETARY OF STATE- 
APPROVAL—EXPENSES OF COMMISSION. 


An Act creating a State Commission on voting or balloting 
machines, defining their poivers, and providing for the use 
at the option of indicated local authorities of voting or ballot 
machines for receiving and registering the vote in one or 
more precincts of any county, or city and county, city or town, 
at any or all elections held therein, and for ascertaining the 
result at such elections; and providing for the punishment of 
all violations of the provisions of this Act. 

(Approved March 20, 1903; amended March 19, 1907; amended 
April 21, 1911; amended January 22, 1912.) 

(Amendments approved June 11, 1913; in effect August 10, 1913.) 

Section 1. State Commission, Who are. 1. The Governor, 
Secretary of State and Attorney-General, and their successors 
in office are hereby created and constituted the State Com¬ 
mission on voting or ballot machines. It shall be the duty of 
said commissioners to examine all voting or ballot machines 
which may be offered for their inspection in order to deter¬ 
mine whether such machines comply with the requirements 
of this Act, and can safely be used by voters at elections 
under the provisions of this Act; and no machine or machines 
shall be provided by the Board of Supervisors, or other 
board having charge and control of elections in each of the 
counties, and cities and counties, cities or towns of the state, 
unless the said machine or machines shall have received the 
approval of a majority of said commission as herein provided. 

2. Any machine or machines which shall have the approval 
of a majority of said commission may be provided for use at 
elections by the boards authorized so to do under the pro¬ 
visions of this Act. The report of said commission on each 
and every kind of voting or ballot machine shall be filed with 
the Secretary of State within thirty days after their examination 
of said machines, and the Secretary of State must within five 
days after the filing of any report approving any machine or 
machines, transmit to the Boards of Supervisors or other 
boards having charge and control of elections in each of the 
counties and cities and counties, cities or towns of the state, 
a list of the machines so approved. 

3. No machine or machines shall be used unless such ma¬ 
chine or machines shall have received the approval of the 
State Commission at least ninety days prior to any election 
at which such machine or machines are to be used. 

4. For carrying out the provisions of this Act the members 
of the State Commission under this Act shall be allowed their 
actual necessary expenses. 




VOTING MACHINES 


305 


Sec. 2. Supervisors may provide and require use of voting 
machines. The Board of Supervisors, or other board having 
charge and control of elections in each of the counties and 
cities and counties, cities or towns of the state, may at any 
regular meeting, or at any special meeting called for the pur¬ 
pose, provide for and require the use of a voting or ballot 
machine, or machines for receiving and registering the vote 
at any or all elections held in such county, city and county, 
city or town, respectively, or in any one or more precincts 
thereof, and every such Board of Supervisors, or other board 
having charge and control of elections in each of the counties, 
and cities and counties, cities or towns of the state, may deter¬ 
mine upon and require the use of voting or ballot machines 
at any and all elections to be held within such county, city and 
county, city or town of the state, or in any one or- more 
precincts thereof, and thereupon the voting or ballot machine 
or machines so determined upon and required shall be used in 
voting for all public officers or candidates for nomination to 
public office, to be voted for by the voters of such counties, 
cities and counties, cities or towns of the state, or in the pre¬ 
cinct or precincts thereof, for which the same shall have been 
so determined upon and required, and also in voting upon all 
amendments to the Constitution, and upon all laws or propo¬ 
sitions or questions which may be lawfully submitted to such 
voters, and for receiving and registering the votes cast at any 
and every such election. Any such board so authorized to 
provide for and require the use of a voting or ballot machine 
as hereinbefore specified, may, if the machine has been ap¬ 
proved as in this Act required, at its option resolve to provide 
and use only such a voting or ballot machine so constructed and 
arranged that the voting or ballot machine will not permit of 
voting a straight party ticket, or for any candidate, by any other 
method than by turning or pushing the keys separately of each 
voting space, for each separate candidate voted for. Party 
nominations may be designated by usual or reasonable ab¬ 
breviation of party names. (Amendment approved April 21, 
1911 ; in effect immediately.) 

Sec. 3. Joint ownership by counties and cities. In pur¬ 
chasing the necessary voting or ballot machines to be used at 
elections, as herein provided, the Boards of Supervisors of the 
several counties, and the legislative bodies of the incorporated 
cities and towns therein, may; by agreement, entered into by 
said Board of Supervisors and the legislative body of any in¬ 
corporated city or town in such county, provide for the joint 
purchase and subsequent ownership thereof, and for the care, 
maintenance and use of the same. 

Sec. 4. Requirements of machine before approved. No vot¬ 
ing or ballot machines shall be approved by the said board 
unless the same be so constructed as to provide facilities for 
voting for the candidates of as many different parties or or- 


Machine not 
permitting 
straight party 
ticket. 


306 


CALIFORNIA ELECTION LAWS. 


Separate 
voting device 
lor each 
candidate. 


Use of 

machine hav¬ 
ing straight 
ticket 

mechanism. 


Arrangement 
of ballot. 


ganizations as may make nominations for office and for and 
against as many different propositions or amendments as may 
be submitted, nor shall any such machine be approved unless 
the same will permit a voter to vote for any person for any 
office; it must enable the voter to vote and. select a ticket all 
from the nominees of one party or a ticket selected in part 
from the nominees of one party and in part from the nominees 
of any or all other parties, and in part from independent nomi¬ 
nations, or in part or in whole of the names of persons not 
nominated by any party or upon any independent ticket; such 
machines must also secure the voter privacy and secrecy in the 
act of voting; such machines must also be so constructed that 
a voter can not vote for a candidate or a proposition or amend¬ 
ment for whom or on which he is not lawfully entitled to 
vote, also to prevent voting for more than one person for the 
same office, except in cases where the voter is lawfully en¬ 
titled to vote for more than one person for the same office, in 
which event they must enable the voter to vote for as many 
persons for that office as he is by law entitled to vote, and no 
more; they must also prevent his voting more than once for 
the same person for the same office; and allow of his reversing 
his vote in case of mistake or desire to change; and such ma¬ 
chines must be so constructed that all votes cast for any per¬ 
son voted, for, or for or against any proposition or amend¬ 
ment submitted to the voters shall be accurately registered or 
recorded, and any machine to be approved by said board must 
be of such kind, style or pattern as will permit the exercise 
by each voter of the full right and privilege of his elective 
franchise under the Constitution and laws of this state. All 
voting machines approved by the State Commission shall 
have a separate voting device for each candidate appearing- 
on the ballot. Such machines may also have thereon a straight 
ticket device for each of the parties for voting a straight ticket 
vote for candidates of such party; but if so equipped with 
separate straight ticket voting devices, such separate straight 
ticket voting device must be locked out of operation. Ma¬ 
chines which have been approved with such straight ticket 
mechanism thereon may be used in elections with such 
mechanism rendered inoperative, and machines with such 
straight ticket mechanism entirely removed therefrom, or ma¬ 
chines which omit a party designation of candidates by column 
or line which have been approved, may be used in such elec¬ 
tions, and the omission, removal, or locking out of operation 
of such straight voting mechanism from the machine that has 
otherwise been approved by the commission, need not require 
a further examination and approval of a machine of that type. 

The ballot at any election, whether general, primary, munici¬ 
pal, or otherwise, shall be arranged upon the voting machine 
as to the order of offices, order of candidates’ names, and in 
other respects for such election, as required by the law pre¬ 
scribing the form and order of the ballot for such election; 


VOTING MACHINES 


307 


provided, however, that blank spaces for the writing in of 
the names of candidates or delegates or persons to be voted for, 
whose names are permitted to be written upon a ballot or 
pasted thereon by adhesive substance, under the law prescrib¬ 
ing the form of the ballot, for the election, need not follow 
in the same order or place or places, upon a voting machine, 
as is prescribed in the law prescribing the form of ballot for 
the election, if the said voting machine be so constructed and 
capable of operation that all persons who by the law prescribing 
the form of ballot for the election are entitled to be voted for 
by writing in the name of such person, or pasting thereon the 
name of such person by adhesive substance, may be voted for 
by and upon said voting machine, and such votes counted and 
returned as full, correctly and effectually as might have been 
done by the use of the form of ballot prescribed by law for the 
election, in case no voting machine had been used. The 
ballot may be placed upon the machine so the columns will 
extend either vertically or horizontally, if in all other respects 
save as to the said blank spaces the ticket is in the form and 
order which would exist if the election were held by ballot and 
without a voting machine. (Amendment approved January 22, 
1912; in effect March 24, 1912.) 

Sec. 5. Supervisors to furnish machines, etc. The Board 
of Supervisors or other board having charge and control of 
elections adopting a voting or ballot machine shall, as soon as 
practicable thereafter, provide for such polling place or places, 
as they may determine, one or more voting machines in com¬ 
plete working order and also such other accessories as may 
be required for the practical working of the machine and shall 
thereafter preserve and keep the machines in repair, and shall 
have custody of the furniture and equipment. If it shall be 
impracticable to supply each and every election precinct with 
a voting or ballot machine or machines at any election follow¬ 
ing such adoption, as many may be supplied as it is practicable 
to procure, and the same may be used in such election pre¬ 
cincts within the county, or city and county, city or town, 
as the board having control may direct. Where the board 
having charge and control of elections, is not the board hav¬ 
ing control of appropriations of money generally for the 
territory, but receives its appropriation from the Board of 
Supervisors, or board having control of appropriations of 
money generally for the territory, then and in such event the 
Board of Supervisors or board having control of appropriations 
of money generally for the territory represented by such board 
so having charge and control of elections, shall have exclusive 
power to purchase or otherwise provide voting or ballot ma¬ 
chines for use in such territory. The Board of Supervisors or 
Board having control of the finances of any county, city and 
county, or political subdivision, shall have power to sell, 
lease, alter, exchange, or otherwise at its discretion dispose 
of any voting machine or voting machine appliances owned 


308 


CALIFORNIA ELECTION LAWS'. 


by such county, or city and county. (Amendment approved 
April 21, 1911; in effect immediately.) 

Sec. 6. Election supplies for machines to be furnished not 
later than twenty-four hours preceding election. The County 
Clerk, Registrar of Voters, or City or Town Clerk, as the case 
may be, shall not later than twenty-four hours next preceding 
the election, cause to be delivered to one of the inspectors of 
election, duly appointed, at his residence, all necessary sup¬ 
plies, stationery, blank forms, poll and tally lists, and instruc¬ 
tions to voters, necessary and proper to the conduct of the 
election and to the counting and canvassing of the votes, and the 
return thereof, which forms, blanks, lists, and other stationery 
shall have been previously prepared by the said County Clerk, 
Registrar of Voters, or City or Town Cierk, as the case may 
be. in such manner as to be adapted to the conducting and 
returning of such election by such voting or ballot machines 
as are used at the election. The supplies previously mentioned 
to be delivered to such Inspector, shall in addition to all other 
necessary forms, lists, or blanks, include one card stating the 
penalty for tampering with or injuring a voting machine ; two 
seals for sealing voting machines; one envelope in which the 
keys to the voting machine are sealed, said envelope to have 
printed or written thereon the number and location of the 
election precinct in which the machine is to be used, the num¬ 
ber of the machine, the number shown on the protective 
counter thereof, after the machine has been prepared for the 
election, and any designation that may be on such seal as the 
cons^sto/ 0 machine is sealed with. Said envelope to have attached to it 
a detachable receipt for the delivery of the keys of the voting 
machine to the Inspector of the election at his residence; one 
envelope in which the keys to the voting machine can be re¬ 
turned by the Inspectors after the election ; one card stating the 
name and telephone address of the superintendent for the day 
of election; two diagrams of the voting face of the machine 
as appears after the ballot label showing the titles of the 
offices and the names of the candidates, and statement of 
propositions, together with the voting indicators for each, 
shall have been inserted in the voting machine, and also suit¬ 
able printed instructions for the guidance of the Board of Elec¬ 
tion. (Amendment approved April 21, 1911; in effect im¬ 
mediately.) 

Sec. 7. Voting machine instructors, designation of voting 
machine, and instruction of election officers. At least twenty 
days before any election, other than a special election, at which 
voting machines are to be used in any political subdivision, 
the County Clerk, Registrar of Voters or City or Town Clerk,' 
as the case may be, shall designate one or more deputies, to 
be provided by the board having charge and control' of 
elections, who are competent for the purpose, as voting machine 
instructors, and shall cause one or more voting machines of 


VOTING MACHINES 


309 


the type to be used at the election, to be set up in his office, 
for the purpose of having such voting machine instructors give 
instructions to persons applying to serve as election officers at 
the ensuing election, and shall also publish notice in one or 
more daily or weekly newspapers, in such political subdivision, 
if any is there published, stating that instructions will be given 
at such office (stating the location thereof) as to the use of 
voting machines, to all persons otherwise qualified, who shall 
apply to serve as election officers, at the ensuing election, and 
requesting qualified persons to attend at such office and apply 
to serve, and take such instructions. Such notice may also 
be sent by mail to all such persons as the said County Clerk, 
Registrar of Voters or City or Town Clerk, may deem likely 
to take the same. Such voting machine instructors shall give 
such instructions to those who apply (subject to the control of 
the Clerk or Registrar of Voters, that too great a number from 
a given precinct need not be instructed) and shall report the 
result to such Clerk or Registrar of Voters, and such Clerk or 
Registrar of Voters, if satisfied with the report, may issue a 
certificate of competency to such person, and shall enter the 
name of such person in the proper book, by precincts, with 
the residence of such person and the date of certificate of com¬ 
petency, and mail such certificate to such person at the address 
shown by his application or registration. In making up a 
recommendation of names of persons suitable for election 
officers, the Clerk or Registrar of Voters, shall, where the per¬ 
son is otherwise qualified and able to serve, prefer the persons 
in each precinct, who have received such a certificate, and the 
persons thus shown in such recommendation shall be appointed 
as election officers in the proper precincts, and unless they fail 
to appear and be sworn or are excused for cause, by the Clerk 
or Registrar of Voters, shall serve as an election officer at the 
election. (Amendment approved June 11, 1913.) 

Sec. 8. Duties of Election Board. The Precinct Board of 
Election of each precinct shall meet at the polling place therein, 
at least one hour before the time set for the opening of the 
polls at each election, and shall proceed to arrange within 
the guard-rail the furniture, stationery, and voting or ballot 
machine for the conduct of the election. The Inspectors of 
Election shall then and there have the voting or ballot ma¬ 
chine, instructions to voters, and stationery required to be 
delivered to them for such election. The Inspectors shall there¬ 
upon cause at least two instruction cards to be posted con¬ 
spicuously within the polling place. They shall see that the 
model, if such model is furnished, is placed where each voter 
can conveniently operate it and receive instructions thereon as 
to the manner of voting before entering the machine. They 
shall post one diagram inside the polling room and one out¬ 
side, in places where the voters can conveniently examine them. 
They shall see that the lantern or other means provided for 
giving light is in such a condition that the voting machine is 


Clerks may 
issue certifi¬ 
cates of com¬ 
petency. 


Appointment 
of election 
officers, pref¬ 
erence to be 
given persons 
holding cer¬ 
tificates. 


Arrangement 
of supplies. 


310 


CALIFORNIA ELECTION LAWS'. 


Tally sheets, 
form of. 


Notice to 
Election 
Officei s. 


Form. 


Election 

Board 

Certificates. 


sufficiently lighted to enable voters to readily read the 
names on the ballot labels. They shall see that the ballot 
labels are in their proper places on the machine. They 
shall open the counting compartment of the voting machine in 
the presence of the public and the members of the Board of 
Election, before the opening of the polls, and inspect the 
recording dials of such machine, and see that each counter 
number on each dial for a candidate, is set at zero (000) and 
make a certificate substantially in the form hereinafter pro¬ 
vided. If any counter number upon such dial for any candidate 
is found not to register zero (000), a statement of the actual 
register of such counter number, together with the designating 
number of said dial and letter, shall be made and signed by 
the Election Board as to every such dial number so found 
registered above zero (000). In such event, in each sepa¬ 
rate case, the number so found above zero (000) upon the 
dial of any particular candidate must be deducted from 
the total vote of such candidate as shown upon that counter 
number at the close of the polls. The tally sheet shall 
have plainly printed thereon, so as to occupy an entire page 
thereof, a statement and certificate substantially in the follow¬ 
ing form : 

The Board of Election shall before opening the polls, open 
the counting compartment of the voting machine in the 
presence of the public and the members of the Board of Elec¬ 
tion, and inspect the recording dials of such machine, and 
see that each counter number on each dial for a candidate, 
is set at zero (000) and make a certificate substantially in the 
form below provided. If any counter number upon such dial 
for any candidate is found not to register zero (000), a state¬ 
ment of the actual register of such counter number, together 
with the designating number of such dial, and letter, shall be 
made and signed by the Election Board as to every such dial 
number so found registered above zero (000). In such event 
in each separate case, the number so found above zero (000) 
upon the dial of any particular candidate, must be deducted 
from the total vote of such candidate, as shown upon that 
counter number at the close of the polls. 

We, the undersigned members of the Election Board of elec¬ 
tion precinct No. hereby certify that the following 

statement is a correct statement of all counter number dials, 
upon the voting machine or machines used at said precinct, 
which were found to have the counter number upon any dial 
thereon, register above zero (000), as found by an examination 
and inspection made by said Election Board at said precinct 
before the opening of the polls and in the manner provided 
by law, and that the name of each candidate affected thereby, 
is hereinbelow respectively and separately stated, together 
with each such separate dial number and each such separate 
letter of such respective dial, and the number so registered 
above zero (000), upon any such respective counter dial, and 



VOTING MACHINES 


311 


also the number of votes shown upon any such respective 
counter dial, at the close of the polls, together with the total 
vote received by any such candidate so affected, after deducting 
from such total vote the number so found registered above 
zero (000) upon the counter number dial of such respective 
candidate or candidates: 


Name 


” 

n crq 

CD <-t 
*-i o (D 

o 

DQ* 

<->*0 r-h 

O E ^ 


O 

o 

II 

W CD 
CD 

o 2 

mi CD 
CTQ 




Inspector 
Inspector 
.... Judge 
.... Judge 

(Amendment approved April 21, 1911; in effect immediately.) 

Sec. 9. Machines to be in plain view. The exterior of the 
voting or ballot machine and every part of the polling place 
shall be in plain view of the election officers and public. The 
voting or ballot machines shall be placed at least three feet 
from every wall and partition of the polling place, and at least 
three feet from the guard-rail. A guard-rail shall be con¬ 
structed at least three feet from the machine, with openings 
to admit electors or officers of election to and from the ma¬ 
chine. 

Sec. 10. Voting, how conducted. After the opening of the 
polls, the Inspectors shall not allow any voter to pass within 
the guard-rail until they ascertain that he is duly entitled to 
vote. Before each voter enters the voting machine, the In¬ 
spectors of election shall, so far as possible, inform him how 
to operate the machine, and illustrate same upon the model of 
the machine, if any be furnished, and call his attention to the 
diagram. If any voter shall, after entering the voting machine, 
ask for information regarding its operation, the Inspectors of 
election shall give him such necessary information. The oper¬ 
ation or voting by an elector, while voting, shall be secret and 


Signed: 


Form. 


Location. 


Instruction to 
voters. 























312 


CALIFORNIA ELECTION LAWS. 


Time voter 
may remain 
in machine 
booth. 


Election in¬ 
spector to 
examine dial 
of machine. 


Votes, how 
canvassed. 


Duty of 
Inspectors. 


obscured from all other persons except as provided in cases of 
voting by assisted electors. At any election at which the num¬ 
ber of officers to be elected plus the number of propositions or 
amendments to be voted on shall 'together make a total of 
fifteen or less, no voter shall remain within the voting or ballot 
machine booth longer than two minutes, and if he shall refuse 
to leave it after the lapse of two minutes, he may be removed 
by the Inspectors. At any election at which the number of offi¬ 
cers to be elected plus the number of propositions or amendments 
to be voted on shall together make a total of more than fifteen, 
no voter shall remain within the voting or ballot machine booth 
longer than three minutes, and if he shall refuse to leave it 
after the lapse of three minutes he may be removed by the In¬ 
spectors. The Inspectors of election shall occasionally ex¬ 
amine the face of the machine and the ballot labels to deter¬ 
mine if same have been injured or tampered with. No vote 
cast in the irregular or blank column shall be counted for a 
person whose name is printed upon the ballot or face of the 
machine as a candidate for the same office for which he is 
voted in the irregular or blank column. All voters in the poll¬ 
ing place or standing in line entitled to vote, at the hour for 
closing the polls, must be permitted to vote. (Amendment 
approved April 21, 1911; in effect immediately.) 

Sec. 11. Canvass of votes. As soon as the polls of the elec¬ 
tion are closed the Inspectors of Election thereat shall im¬ 
mediately lock the voting or ballot machine against voting, 
and, in the presence and full view of the public who may be 
lawfully within the polling place, proceed to demonstrate and 
declare the result of such election as registered or recorded or 
received by the machine (subject to any legal deductions, made 
under the provisions of section 8 of this act), in the following 
manner: One of the Inspectors shall under the scrutiny of the 
other Inspectors, of a different political party, in the order of 
the offices as their titles are arranged on the machine, com¬ 
mencing with the first party or top column, or commencement 
of the ticket as arranged, announce in distinct tones to the 
clerks of election, the designating number and letter of each 
counter, and the vote registered thereon, and the clerks of elec¬ 
tion shall correctly record each announcement so made upon 
separate respective tally sheets provided for that purpose, 
before another announcement is made by the Inspector. The 
said Inspector shall then in like manner announce the vote 
recorded for each office on the regular ballot, and the election 
clerks shall in like manner record the same. The Inspector 
shall then also in like manner announce the vote on each 
question or proposition submitted at the election, and the 
clerk shall in like manner record the same. The canvass 
of each office shall be completed before proceeding to the next, 
and the vote as announced shall be written by the clerks in 
ink on the two tally lists provided therefor in the same order. 
After completing and writing down the canvass, in the manner 


VOTING MACHINES 


313 


aforesaid, the Inspectors of Election shall verify the same 
by comparing the figures on the tally lists with the figures on 
the counters in the machine, and the * names recorded on or 
in the device for voting for persons not nominated, and also 
with the result registered on the machine as to the vote upon 
questions or propositions, and in making such comparison and 
verification, one of the Inspectors shall again distinctly an¬ 
nounce and recall aloud the vote registered upon each counter. 
The Board of Election shall then certify in the appropriate 
place on the tally list, as to the number of voters that voted 
at the election, as shown by the poll lists, and by the number 
registered on the public counter, and the number registered on 
the protective counter, and the number or other designating 
mark on the seal with which the machine has been sealed, 
together with other information regarding the machine as pro¬ 
vided on the tally list. The counter compartment of the vot¬ 
ing machine shall remain open until the tally list and all other 
reports have been fully completed and signed, after which they 
shall lock the counter compartment and deliver the keys thereof 
in a sealed envelope to the County Clerk, Registrar of Voters, 
or City or Town Clerk, as the case may be. (Amendment 
approved April 21, 1911 ; in effect immediately.) 

Sec. 12. Duties of Inspectors; opening machine; records; 
contests. The Inspectors of Election shall, as soon as the re¬ 
sult is fully ascertained and declared, as in the preceding sec¬ 
tion required, lock the machine so that the record of each elec¬ 
tion shall be preserved for the period of six months following 
such election, except in cases where the machine is required 
for use in a subsequent election during such period, in which 
case the Board of Supervisors or other board having charge 
and control of elections shall inspect the registering or record¬ 
ing and receiving device of the machines and file a report of 
said inspection with the County Clerk or Registrar of Voters. 
Said report of said board when so certified and filed shall be 
prima facie evidence of the vote at such election. Any supple¬ 
mentary or duplicate record of an election, which may be 
furnished by a machine, shall be preserved by the County 
Clerk or Registrar of Voters for one year following such 
election. Whenever either House of the Legislature shall by 
resolution, adopted and entered upon its journal, direct that 
any standing or special committee of such House, shall be 
empowered to open and examine any voting machine or voting 
machines which were used at any election held within six 
months before the passage of such resolution, the committee of 
such House so empowered and authorized shall have the power 
and authority by its resolution in writing to order any such 
machine or machines to be opened, inspected or examined in 
any manner which such committee shall prescribe. If the open¬ 
ing of such a machine or machines be for the purpose only of 
counting or recounting the votes cast or registered at said 


When machine 
may be 
opened by 
committee. 


314 


CALIFORNIA ELECTION LAWS. 


Expert 

inspection. 


Record of 
votes to be 
preserved. 


election in a contest pending before such House, then and in 
such event the opening thereof and such count or recount must 
be made in the presence of said committee, or its sub-committee 
duly designated by its resolution in writing for such purpose. 
If the opening of such machine or machines be for any other 
purpose or for the investigating of the mechanism and manner 
of operation of a machine or machines, or for determining or 
reporting upon the mode of its operation, or its nature as a 
safe mechanical appliance for the receiving and registration of 
the votes of electors, then the committee must by its resolu¬ 
tion in writing specify the person or persons who are to make 
such mechanical or expert inspection, and the place where and 
the time when such inspection is to commence, and may, if it 
deem proper, limit the duration of such inspection, and fix the 
place where the same is to be made, and state whether the 
same is to be made in the presence of the said committee, or of 
its duly appointed sub-committee, or of any other person or 
persons to be named by said committee. Every person em¬ 
ployed or permitted to take part in any such inspection of 
such a machine or machines, or in whose presence said in¬ 
spection occurred, may be required to attend and testify as a 
witness before such committee if required, and be subject to 
the subpoena of such committee. If such machine or machines 
be opened under the provisions of this section by order of 
such committee, the said committee, or its sub-committee duly 
appointed, shall immediately, upon opening the doors, or the 
opening to the dial or place where the votes thereon are regis¬ 
tered, which were cast at the last election, take off in writing 
the complete record of votes for all candidates which are re¬ 
corded or registered upon or by said machine, and certify the 
same to be true and correct, with the date of such certificate, 
and place the same in an envelope, and seal the same in the 
manner required for sealing election returns, and make an 
endorsement upon the outside of such envelope stating the 
number of the machine whose record is enclosed, and forthwith 
file the same with the County Clerk, or Registrar of Voters, of 
the county, or city and county, where such election was held 
who shall receive and keep the same with the other returns of 
the said election in his office for a period of twelve months 
from the date of said election, and such record shall in any 
court having jurisdiction of an election contest be prima facie 
evidence of its contents in any case where the vote upon such 
a machine or machines might have been recounted by the 
court if such machine or machines had not been previously 
opened or the result thereof in any manner affected. Im¬ 
mediately upon the conclusion of such investigation, exami¬ 
nation and inspection of such machine or machines, the same 
shall be again securely locked by the Clerk, or Registrar of 
Voters, or the said committee or its sub-committee, and the 
keys thereof returned to the officer entitled to possession of 
the same under the provisions of this Act, and shall not be 


VOTING MACHINES 


315 


again opened except in accordance with the provisions of this 
Act. One voting machine of each kind or pattern may be 
taken by such committee or upon its order, and upon its re¬ 
ceipt therefor, to the City of Sacramento, or the State Capitol, 
and there kept under the directions of such committee, but no 
such machine shall be so taken or transported without the con¬ 
sent of the owner thereof, unless the same be the property of 
a city, county, or city and county, or other political subdivision 
of the state. If such committee shall permit such a machine 
or machines to be taken apart, then and in such event the 
said committee shall cause the same to be restored and properly 
put together again, before or at the termination of its in¬ 
vestigation, and to be returned by order of such committee, 
and at the expense of the state, to the place from which it was 
taken. If any such machine or machines be taken to Sacra¬ 
mento, or the State Capitol, under the provisions of this sec¬ 
tion, and the Legislature shall adjourn sine die, without such 
machine or machines having been so restored and returned by 
such committee, then and in such event the Secretary of State 
shall forthwith, upon such adjournment, take charge of such 
machine or machines, and cause the same to be properly re¬ 
stored and returned to the place or places respectively from 
which the same were taken, and the expense thereof shall be a 
charge against the state, and a written demand therefor, verified 
by the Secretary of State, must be allowed by the Controller by 
his endorsement of allowance thereon, and thereupon, upon 
presentation, the same shall be paid to the Secretary of State 
by the State Treasurer out of any funds of the state not other¬ 
wise appropriated. Any voting machine used at an election 
may, within six months from the date of such election, in any 
election contest, or action in the nature of quo warranto in 
any court of this state having jurisdiction thereof, be opened 
by order of such court and in its presence, for the purpose 
of recounting the vote involved in such election contest, under 
the same rules and conditions that apply to the opening of 
packages of sealed ballots and the recounting of the same, 
and must be forthwith locked again as soon as the result 
upon each machine is tallied, and in the presence of the said 
court. (Amendment approved March 19, 1907.) 

Sec. 13. Misconduct at elections. The provisions of the law 

relating to misconduct at elections shall apply to elections with 
voting or ballot machines. 

Sec. 14. Proportion of machines to number of voters. 

Where voting machines are used the precincts shall be es¬ 
tablished or created in the manner provided by sections 1127, 
1128, 1129 and 1130 of the Political Code of the State of 
California. (Amendment approved June 11, 1913.) 

Sec. 15. Official ballot. The list of candidates used or to be 
used on the voting or ballot machine shall be deemed an 
official ballot under this Act for an election precinct in which 


Machine may 
be taken to 
State Capitol. 


Secretary of 
State to take 
charge. 


316 


CALIFORNIA ELECTION LAWS'. 


a voting or ballot machine is used, pursuant to law. The word 
“ballot” as used in this Act (except when reference is made 
to independent ballots) means that portion of the cardboard, 
or paper, or other material within the ballot frames, containing 
the name of the candidate for office, or a statement of a pro¬ 
posed constitutional amendment, or other question or propo¬ 
sition with the word “For” or the word “Against,” or “Yes” or 
“No.” 

Sec. 16. Election officers. The provisions of section 1142 
of the Political Code shall apply where voting or ballot ma¬ 
chines are used pursuant to this Act, provided however, that 
at any precinct or polling place where two voting machines are 
used, two additional clerks of election shall be appointed for 
service at such polling place, for the election. In any city, or 
city and county, or county, where voting machines are to be 
used, at any election, or where voting machines are owned, 
the board having charge and control of elections may, by a 
majority of such board adopt a resolution to be entered in 
Providing for its minutes, provide for a superintendent as herein provided, 
ent U fo e r rmtend and may thereupon select and appoint a superintendent for the 
machines. care, repair, adjustment, arrangement, testing, and preparation 
of voting or ballot machines. Such person must be a skilled 
machinist familiar with the arrangement, adjustment, and mech¬ 
anism of voting machines, and shall, before his appointment, 
be examined by the board having control of elections, as to 
his competency in these respects. His appointment must also, 
where made for a territory wholly included within any city, 
or city and county, be approved by the mayor of any such 
city, or city and county, who shall also have the right to 
examine such person as to his competency. Said superintendent 
shall be considered a public officer, and shall hold office under 
such appointment until removed by the board having charge 
and control of elections, for cause, and by an order in writing 
entered in its minutes, after giving such superintendent an 
opportunity to be heard, which order of removal, shall be 
final and conclusive, and not subject to review. In any city, 
county, or city and county, which at the last general election 
therein, had a registration of voters exceeding seventy thousand, 
the said board having control of elections may fix the com¬ 
pensation of such superintendent at a sum not to exceed the 
Salary. rate of fifteen hundred dollars per year payable monthly, and 

may, by the resolution of appointment, provided such ap¬ 
pointment is made by the year, provide that the services 
of such superintendent shall be given exclusively to said 
board while he remains in its employ, or under such appoint¬ 
ment. Unless such appointment is made by the year and 
in the manner last mentioned in such a city, county, or city 
and county, and in any event in all other cases and places, 
such superintendent so appointed pursuant to this Act shall 
receive a compensation at the rate of ten dollars per day, 
for every day he shall be actually employed; provided, how- 


VOTING MACHINES 


317 


ever, that in any such place where his compensation is fixed 
by the day under this Act, the board having control of elec¬ 
tions may fix his compensation at a lesser sum when he is 
employed merely as caretaker of such voting machines. Such 
superintendent must file his acceptance of the appointment 
with the board having charge and control of elections within 
five days after notice of his appointment, and before entering 
upon his duties, shall take the oath of office prescribed by the 
constitution of this state for public officers, which oath may 
be taken by and filed with the County Clerk, or Registrar of 
Voters, and file a bond in a sum to be fixed by the board 
having charge and control of elections, and not less than ten 
thousand (10,000) dollars, in a city and county, conditioned for 
the faithful performance of the duties of his office, with surety 
and to be approved and recorded as may be required for other 
officers of such city, county, or city and county, and it shall be his 
duty to care for, keep in repair, arrange, adjust, test, and pre¬ 
pare all voting machines for complete and correct operation 
at any election in the political subdivision for which he is 

appointed. All such voting or ballot machines shall be by him 
or under his direction, arranged, adjusted and prepared for 
correct operation at any election in accordance with the pro¬ 
visions of the law of this state, and in accordance with the 
mechanism and rules for the adjustment and correct operation 
of such voting machines. The County Clerk, Registrar of 

Voters, or City or Town Clerk, as the case may be, shall 
deliver to such superintendent for his guidance, a copy of any 
written or printed instructions which may be furnished by 
the person or corporation which manufacture the voting ma¬ 
chines in use in such political subdivisions. The board having 
charge and control of elections may also select and employ any 
additional persons, as assistants, to such superintendent, in 
the performance of his duties, and may fix and allow the com¬ 
pensation to be paid to said assistants. The said superintend¬ 
ent of voting machines shall, not later than the day previous 

to the day of election, file with the Clerk, or Registrar of 

Voters, his affidavit specifying the voting machines by number, 
that have been adjusted for use at such election, and stating 
that every one of such machines have been so adjusted, that 
each and every of its counters, which register the votes cast for 
candidates, are adjusted at zero (000), and that, in every other 
respect, each and every voting machine is adjusted in accord¬ 
ance with the requirements of the law of the state, and accord¬ 
ing to the mechanism and rules for the adjustment and correct 
operation of such voting machines. Where any court, or 
justice, or judge of any court, shall make an order or judgment, 
or otherwise, "direct any change, alteration, or modification, to 
be made in the ballot labels to be used upon any voting or 
ballot machine, after the sample ballots have been printed, 
it shall not be necessary to print or distribute new sample bal¬ 
lots. (Amendment approved April 21, 1911; in effect im¬ 
mediately.) 


Bond to be 
filed with 
County Clerk. 


Duties. 


Affidavit. 


318 


CALIFORNIA ELECTION LAWS. 


Date upon 
which voting 
machines 
must be 
inspected 
before 
holding an 
election. 


Notice of 
inspection. 


Sec. 16a. Machines to be examined, tested, and sealed before 
election. Within not more than thirty-five, nor less than 
twenty-five days, before the holding of any election in any 
county, city and county, city or town, at which is to be used 
voting or ballot machines, under the provisions of this Act, 
the County Clerk, Registrar of Voters, or City or Town Clerk, 
as the case may be, shall fix a day, which shall not be more 
than twenty days, nor less than five days, before the date of 
such election, upon which the voting or ballot machines to be 
used at such election shall be examined, tested and sealed as 
hereinafter provided. At least twenty days before an election 
in any political subdivision where voting machines are to be 
used in one or more precincts of such subdivision, under and 
pursuant to the law of this state, it shall be the duty of the 
County Clerk, Registrar of Voters, or City or Town Clerk, as 
the case may be, to notify in writing, by mail, with postage 
prepaid, the chairman or secretary of the Executive or Central 
Committee of any political party or organization for the terri¬ 
tory, the membership of which may have made nominations 
of candidates to be voted for at such election, or of any political 
party whose party name is lawfully used as a designation by 
a candidate, that it may appoint representatives of such political 
party who shall be authorized to attend and observe the final 
adjustment, testing and sealing of such ballot machines, and 
thereupon it shall be the right of such committee to appoint 
as many representatives, not to exceed three for each political 
party or organization, as it may see fit to select for such pur¬ 
pose, and to issue certificates of such appointment to such repre¬ 
sentatives, by the secretaries of such ccunmittees or organiza¬ 
tions, respectively. Such notice shall also name and specify 
the date and place where such examination, testing and sealing 
of such machines will commence, and that the same will con¬ 
tinue, if necessary, at said place from day to day until com¬ 
pleted. The committee or organization empowered to appoint 
such representatives, shall immediately upon making such ap¬ 
pointment, notify the said representative or representatives so 
appointed, respectively, of such appointment and of the time 
and place where such examination, testing and sealing, of such 
voting or ballot machines will commence, and shall also forth¬ 
with, send to the said County Clerk, Registrar of Voters, or 
City or Town Clerk, as the case may be, the name and full 
address of each such representative appointed. Thereafter, at 
the time specified in such notice, and until the completion 
thereof, the said representative or representatives shall be en¬ 
titled to attend and observe the final adjustment, testing and 
sealing of such voting machines, under the directions of the 
Board of Election Commissioners, or of the superintendent 
provided for by this Act, and such adjustment, testing and 
sealing shall proceed in the presence of as many of said "repre¬ 
sentatives as shall assemble to observe and, view the same, and 
a full and complete opportunity shall then and there be given 


VOTING MACHINES 


319 


by such superintendent and his assistants, to such represen¬ 
tatives to observe the processes by which such adjustment, 
testing and sealing is performed, and to see that the said 
voting machines are so adjusted that each counter is set at 
zero (000), and without any vote registered thereon for the 
advantage of any party or candidate or otherwise. When the 
said machines are so sealed they shall not be unsealed again 
except by the precinct election boards on the day of election, 
to the extent necessary for the proper and lawful conduct of the 
election. Any candidate may attend in person or appoint in 
writing signed by such person, a representative to attend, with 
all the rights and privileges provided by this section. (New 
section approved April 21, 1911 ; in effect immediately.) 

Sec. 17. General election laws to govern. All laws and 
parts of laws of this state relating to elections and prescribing 
the powers and duties of election officers, shall, so far as 
applicable to the use of voting or ballot machines, remain in 
full force and effect; and all laws and parts of laws inconsistent 
herewith, shall not be applicable in each county, city and 
county, city or town election precinct wherein such voting or 
ballot machines are used, pursuant to this Act, so long as such 
voting or ballot machine or machines shall be used therein, 
and nothing in this Act contained shall be construed as re¬ 
pealing any existing law or authorizing any deviation or omis¬ 
sion therefrom, except as provided for or set forth herein. 

Sec. 18. Violation of Act, a felony. Any willful violation 
of any provision of this Act or any willful injury to any 
voting or ballot machine tending to injure its effectiveness or 
to change the true expression given by the voters at any 
election shall be a felony and punishable as such, in accord¬ 
ance with the provisions of the Penal Code of the state. 

Sec. 19. Act takes effect, when. This Act shall take effect 
immediately. 


320 


CALIFORNIA ELECTION LAWS'. 


SUPPLEMENTARY ACT CREATING COMMISSION ON 
VOTING OR BALLOTING MACHINES. 


Date fixed 

for testing 

voting 

machines 

before 

elections. 


Notice to be 
mailed. 


An Act supplementary to an Act entitled '‘An Act creating q 
S tate Commission on voting or balloting machines, defin¬ 
ing their powers and providing for the use at the option of 
indicated local authorities of voting or ballot machines for 
receiving and registering the vote in one or more precincts 
in any county or city and county, city or town, at any or 
all elections held therein; and for ascertaining the result of 
such election; providing for the punishment of all violations 
of the provisions of tjiis Act,” approved March 20, 1903, and 
providing for the testing and inspection of such machines. 

(Approved March 19, 1907.) 

Section 1. Voting machine to be tested before election. Duty 
of County Clerk. Within not more than thirty nor less than 
twenty days before the holding of any election in any county, 
city and county, city or town, at which is to be used voting or 
ballot machines adopted under the*provisions of the Act referred 
to in the title of this Act, the County Clerk or other officer 
having control of such election in such county, city and county, 
city or town, shall fix a day, which shall not be more than 
fifteen days nor less than five days before the date of such 
election, upon which the voting or ballot machines to be used at 
such election shall be examined, tested and sealed as hereinafter 
provided. 

Sec. 2. Political party representatives to be notified of test. 
Rights of independent candidates. At least twenty days before 
an election in any political subdivision where voting machines 
are to be used in one or more precincts of such subdivision, 
under and pursuant to the law of this State, it shall be the duty 
of the Board of Election Commissioners or other body having 
charge and control of such election to notify in writing by mail 
with postage prepaid, the chairman or secretary of the execu¬ 
tive or central committee of any political party or organizations 
for the territory which may have made nominations of candi¬ 
dates to be voted for at such election, that it may appoint repre¬ 
sentatives of such political party who shall be authorized to 
attend and observe the final adjustment, testing and sealing of 
such ballot-machines, and thereupon it shall be the right of 
such committee to appoint as many representatives as it may 
see fit to select for such purpose, and to issue certificates of 
such appointment to such representatives by the secretary of 
such committees, respectively, which shall forthwith send a list 
of such representatives with the name of the political party or 
organization for which they are selected, and the name of each 
representative with his full address, adding street and number, 
to the said Board of Election Commissioners or other bodv 
having charge and control of such election. If any political 
party or organization which has made nominations shall not 


VOTING MACHINES. 


321 


have any chairman or secretary of such committee, or the name 
and address of such chairman or secretary shall not appear in 
its nomination papers, then the said Election Commissioners 
may send the notice above required to any person named in 
its nomination papers as the person to whom the certificate 
of nomination may be returned. Such Board of Election Com¬ 
missioners shall thereafter, and at least five days before the 
time therefor, send written notice, with postage prepaid, to 
each such representative of a political party or organization 
which has so been filed in its office, with the address of such 
representative; which notice shall state the time and place be¬ 
fore such election where such representatives are invited to 
attend, to observe the final adjustment, testing and sealing of 
such voting-machines, and thereafter at such time and place 
the final adjustment, testing and sealing of such voting-ma¬ 
chines under the directions of such Board of Election Commis¬ 
sioners, shall proceed in the presence of as many of said repre¬ 
sentatives as shall assemble to observe and view the same, a 
full and complete opportunity shall then and there be given to 
such representatives to observe the processes by which such 
adjustment, testing and sealing is performed, and to see that 
the said machines are set at zero, and without any vote regis¬ 
tered thereon for the advantage of any party or candidate or 
otherwise. When the said machines are so sealed they shall 
not be unsealed again, except by the precinct election board 
on the day of election and except for trial as to their correct¬ 
ness after transportation to the various booths or polling-places, 
at which places such trial may be made as the Board of Election 
Commissioners or body having control of the elections shall 
direct, to see if any machine has become in any way disar¬ 
ranged during transportation to the polling-place, and a seal 
necessary to such investigation may be broken or any work 
performed that may be necessary to put any machine in any 
such polling place in complete working order for such election, 
and the representatives aforesaid shall have the right to attend 
at any and all polling-places for the purpose of viewing and 
observing any such unsealing arrangement and resealing, which 
final work shall take- place not later than the day before the 
election, nor earlier than the third day before the election. If 
independent candidates are nominated, and no ’ chairman or 
secretary is named in the certificate of nomination, then such 
candidate or candidates shall be notified as herein specified, 
and may attend, or appoint representatives to attend, with all 
the rights and privileges provided for by this Act. 

It shall be the duty of the Board of Election Commissioners, 
or other body having charge and control of such election, to 
notify in writing by mail with postage prepaid, the chairman or 
secretary of any of the executive or central committee of any 
political party or organization hereinbefore referred to, and any 
independent candidate or candidates hereinbefore referred to, 
of the time when the final inspection, adjustment, testing and 


In case 
independent 
candidates 
are nominated. 


322 


CALIFORNIA ELECTION LAWS'. 


sealing of such voting or ballot machines will commence at the 
polling-places, and of the place or places from which the in¬ 
spectors will start in the performance of such duty, and that 
the representatives appointed pursuant to this Act, or such 
independent candidate or candidates, may attend as provided 
by this Act. Such notices shall be so mailed not less than three 
days before the time named for commencing such final inspec¬ 
tion. 

Sec. 3. Penalty for violation of this Act. Any person violating 
any provision of this Act shall be guilty of a misdemeanor and 
punishable by a fine of not more than five hundred dollars or 
imprisonment of not more than six months or both. 

Sec. 4. Act takes effect, when. This Act shall take effect 
immediately. 


CLASSIFICATION OF MUNICIPAL CORPORATIONS. 

Act 2347. 

(Approved March 2, 1883.) 

Section 1. Classes described. All municipal corporations 
within the state are hereby classified as follows: Those having 
a population of more than 400,000 shall constitute the first 
class; those having a population of more than 250,000 and not 
exceeding 400,000, shall constitute the first and one-half class; 
those having a population of more than 100,000 and not exceed¬ 
ing 250,000, shall constitute the second class; those having a 
population of more than 35,000 and not exceeding 100,000 shall 
constitute the second and one-half class; those having a popu¬ 
lation of more than 23,000 and not exceeding 35,000 shall con¬ 
stitute the third class; those having a population of more than 
20,000 and not exceeding 23,000 shall constitute the fourth 
class; those having a population of more than 6,000 and not 
exceeding 20,000, shall constitute the fifth class; those having 
a population of not exceeding 6,000 shall constitute the sixth 
class; provided, that nothing herein shall change the classi¬ 
fication of existing cities organized under the municipal corpo¬ 
ration act. (Amendment approved March 24, 1911; in effect 
immediately.) 

Note—There was another amendment of the same seetion at the same session as 
follows: 

Sec. 1. Classes described. All municipal corporations within 
the state are hereby classified as follows: Those having a popu¬ 
lation of more than 400,000 shall constitute the first class; those 
having a population of more than 250,000 and not exceeding 
400,000, shall constitute the first and one-half class; those having 
a population of more than 100,000 and not exceeding 250,000 
shall constitute the second class; those having a population of 
more than 23,000 and not exceeding 100,000 shall constitute 
the third class; those having a population of more than 
20,000, and not exceeding 23,000 the fourth class; those having 



MUNICIPAL CORPORATIONS. 


323 


a population of more than 6,000 and not exceeding 20,000 the 
fifth class; those having a population of not exceeding 6,000 shall 
constitute the sixth class; provided, that nothing herein shall 
change the classification of existing cities organized under the 
municipal corporation act. (Amendment approved February 9, 
1911.) 

Sec. 2. Determination based on census. For the purpose of 
classifying municipal corporations as in this act provided, 
the population of all municipal corporations within the state 
is hereby determined to be the population of such municipal 
corporations as shown by the federal census taken in the year 
A. D. nineteen hundred and ten; provided, however, that when¬ 
ever a new federal census is taken, the municipal corporations 
within the state are not, by operation of law, reclassified under 
such census, but shall remain in the old classification until re¬ 
classified by the legislature, unless a direct enumeration of the 
inhabitants thereof be made, as in section 3 of this act provided. 
(Amendment approved February 9, 1911 ; in effect immediately.) 

Sec. 3. Question of reorganization. The Council, Board of 
Trustees, or other legislative body of any municipal corpo¬ 
ration, may at any time cause an enumeration of the in¬ 
habitants thereof to be made, and in such manner and under 
such regulations as such body may by ordinance direct. If 
upon such enumeration it shall appear that such municipal cor¬ 
poration contains a sufficient number of inhabitants to en¬ 
title it to reorganize under a higher or lower class, the Common 
Council, Trustees, or other legislative body shall, upon receiv¬ 
ing a petition therefor signed by not less than one-fifth of 
the qualified electors thereof, submit to the electors of 
such city or town, at the next general election to be held 
therein, the question whether such city or town shall re¬ 
organize under the laws relating to municipal corporations 
of the class to which such city or town may belong. And 
thereupon such proceedings shall be had and election held as 
provided in the general law for the reorganization, incorpo¬ 
ration and government of municipal corporations. If a ma¬ 
jority of the votes cast at such election shall be in favor of 
such reorganization, thereafter such officers shall be elected 
as are, or may be, and at the time prescribed by law for munici¬ 
pal corporation of the class having the population under which 
such reorganization is had, and from and after the qualification 
of such officers, such corporation shall belong to such class. 
Whenever the result of such enumeration shall have been de¬ 
clared by the Council, Board of Trustees, or other governing 
body, and entered in the minutes of such body, thereupon the 
number of such inhabitants so ascertained shall be deemed the 
number of the inhabitants of such city for all the purposes of 
this act, and for the purposes of legislation affecting munici¬ 
palities. The clerk of the Council, Board of Trustees, or other 
governing body of such city, shall cause a certified copy of 


Election to 
reorganize 
under a 
higher or 
lower 
class city. 


Petition. 


324 


CALIFORNIA ELECTION LAWS. 


Number of 
inhabitants 
required. 


Petition. 


Affidavit of 
three quali¬ 
fied electors. 


such minute order to be filed with the Board of Supervisors 
of the county wherein such city is situated. (Amendment ap¬ 
proved March 20, 1899.) 

73 Cal. 311; 76 Cal. 451; 85 Cal. 347, 349; 111 Cal. 104, 
105; 117 Cal. 574, 575; 118 Cal. 403; 120 Cal. 389, 390, 
392, 394; 127 Cal. 159; 143 Cal. 566, 567, 569, 571; 151 
Cal. 467; 3 Cal. App. 720; 6 Cal. App. 738. 


MUNICIPAL CORPORATIONS. 

CHAPTER I. 

Organization of Municipal Corporations. 

Act 2348. 

An Act to provide for the organization, incorporation, and govern¬ 
ment of municipal corporations. 

(Approved March 13, 1883.) 

Note—Only those portions of the act are here given which relate to 
offices and elections. 

Note—See also Annexation Act of 1913, page 343, also Municipal An¬ 
nexation Act of 1913, found on page 351 of this volume, which provides 
further for consolidation of municipal corporations. 

Note—Cities which are eligible, by reason of their population, to classi¬ 
fication as municipal corporations of the first, first and one-half, second, 
third, and fourth classes, and some also of the fifth class, having a popula¬ 
tion of more than three thousand five hundred inhabitants, are operating 
under their own charters, providing for their officers and conducting their 
affairs in accordance therewith, under the provisions of article XI, sections 
8 and 8y 2 » Constitution of California, which see, ante. The City and County 
of San Francisco, under section 8J4, is also empowered to determine the 
manner and time of election of its county officers, their terms of office and 
compensation, except superior judges and justices of the peace. The 
“Municipal Corporations Act,” as the act of• 1883, page 93, is called, does 
not provide for cities of the first and one-half class, although mention is 
made of that class in the act of March 2, 1883, Stats. 1883, page 24, as 
amended March 5, 1901, which is herewith given, preceding. 

For the foregoing reasons those sections of the “Municipal Corporations 
Act,” which apply only to cities of the first, second, third and fourth classes, 
have been omitted. 

Section 1. City or town may incorporate. Any portion of a 
county containing not less than five hundred inhabitants, and 
not incorporated as a municipal corporation, may become in¬ 
corporated under the provisions of this act; and when so in¬ 
corporated shall have the powers conferred, or that may be 
hereafter conferred, by law upon municipal corporation's of 
the class to which the same may belong. 

Sec. 2. Manner of proceeding in organizing a municipal cor¬ 
poration. A petition shall first be presented to the Board of 
Supervisors of such county, signed by at least fifty of the quali¬ 
fied electors of the county, residents within the limits of such 
proposed corporation, and the affidavit of three qualified elec¬ 
tors residing within the proposed limits, filed with the petition. 



MUNICIPAL CORPORATIONS. 


325 


shall be prima facie evidence of the requisite number of signers. 
The petition shall set forth and particularly describe the pro¬ 
posed boundaries of such corporation, and state the number 
of inhabitants therein as nearly as may be, and shall pray 
that the same may be incorporated under the provisions of this 
Act. Such petition shall be presented at a regular meeting of 
such board, and shall be published for at least two weeks before 
the time at which the same is to be presented, in some news¬ 
paper printed and published in such county, together with a 
notice stating the time of the meeting at which the same will 
be presented. When such petition is presented, the Board 
of Supervisors. shall hear the same, and may adjourn such 
hearing from time to time, not exceeding two months in all, 
and on the final hearing, shall make such changes in the pro¬ 
posed boundaries as they may find to be proper, and shall 
establish and define such boundaries, and shall ascertain and 
determine how many inhabitants reside within such boundaries; 
provided, that any changes made by said Board of Supervisors 
shall not include any territory outside of the boundaries de¬ 
scribed in such petition. The boundaries so established by 
the Board of Supervisors shall be the boundaries of such munici¬ 
pal corporation until by action, authorized by law for the an¬ 
nexation of additional territory to, or the taking of territory 
from, said municipal corporation, such boundaries shall be 
changed; provided, whenever it shall appear to the Board of 
Supervisors that the boundaries of any municipal corporation 
have been incorrectly described, the board shall direct the 
county surveyor to ascertain and report a description of the 
boundaries. The Board of Supervisors shall, at their first 
regular meeting after the filing of the report of the county 
surveyor, cause notice to be published in some newspaper 
published in the county, that the report will be acted upon at 
the next regular meeting of the board, and at said meeting the 
board shall ratify the report of the county surveyor, with such 
modifications as they shall deem necessary, and the boundaries 
so established shall be the legal boundaries of said municipal 
corporation. They shall then give notice of an election to be 
held in such proposed corporation for the purpose of deter¬ 
mining whether the same shall become incorporated. Such 
notice shall particularly describe the boundaries so established, 
and shall state the name of such proposed corporation, and 
the number of inhabitants so ascertained to reside therein, and 
the same shall be published for at least two weeks prior to such 
election, in a newspaper printed and published within such 
boundaries, or posted for the same period in at least four 
public places therein. Such notice shall require the voters to 
cast ballots, which shall contain the words “For Incorporation,” 
or “Against Incorporation,” or words equivalent thereto, and 
also the names of persons voted for to fill the various elective 
municipal offices prescribed by law for municipal corporations 
of the class to which such proposed "corporation will belong. 
(Amendment approved March 19, 1889.) 


Petition to 
describe. 


Publication. 


Duty of 
board of 
supervisors. 


Changes in 
boundaries. 


Incorrectly 

described 

boundaries. 


Notice of 
election to 
determine 
proposed 
incorporation. 


Publication 
of notice. 


Ballot, 
form of. 


326 


CALIFORNIA ELECTION LAWS'. 


Election to 
be held in 
accordance 
with general 
election laws. 


Canvass of 
votes. 


Certified copy 
filed with 
Secretary of 
State. 


Publication 
of notice of 
incorporation. 


Sec. 3. Election, how conducted. Such elections shall be 
conducted in accordance with the general election laws of the 
state, and no person shall be entitled to vote thereat unless he 
shall be a qualified elector of the county, enrolled upon the 
great register thereof, and shall have resided within the limits 
of such proposed corporation for at least sixty days next pre¬ 
ceding such election. The Board of Supervisors shall meet 
on the Monday next succeeding such election, and proceed to 
canvass the votes cast thereat; and if, upon such canvass, it 
appears that the majority of the votes cast are for the incorpo¬ 
ration, the board shall, by an order entered upon their minutes, 
declare such territory duly incorporated as a municipal in¬ 
corporation of the class to which the same shall belong, under 
the name and style of the city (or town, as the case may be) 

of. (naming it), and shall declare the person(s) receiving, 

respectively, the highest number of votes for such several 
offices to be duly elected to such offices. Said board shall 
cause a copy of such order, duly certified, to be filed in the 
office of Secretary of State, and from and after the date of 
such filing, such incorporation shall be deemed complete, and 
such officers shall be entitled to enter immediately upon the 
duties of their respective offices, upon qualifying in accordance 
with law, and shall hold such offices, respectively, only until 
the next general municipal election to be held in suth city or 
town, and until their successors are elected and qualified; and 
it shall not be necessary in any action, civil or criminal, to 
plead and prove the organization or existence of such cor¬ 
poration, and the courts shall take judicial cognizance thereof 
without proof. (Amendment approved March 19, 1889.) 

Sec. 4. How incorporated city or town may incorporate un¬ 
der this law. The Common Council, Board of Trustees, or 
other legislative body of any city or county, city, or town, 
organized or incorporated prior to the first day of January, 
eighteen hundred and eighty, at twelve o’clock, meridian, shall, 
upon receiving a petition therefor, signed by not less than one- 
fifth of the qualified electors of such city and county, city or 
town, as shown by the vote cast at the last municipal election 
held therein, submit to the electors of such city and county, 
city, or town, at the next general election to be held therein, 
the question whether such city and county, city, or town shall 
become organized under the general laws of the state relating 
to municipal corporations of the class to which such city and 
county, city, or town may belong. Notice that such question 
will be so submitted shall be given by publication in a news¬ 
paper printed and published in such city and county, city, 
or town; or if there be no newspaper printed and published 
therein, by printing and posting the same in at least four 
public places therein, including the place or places where 
such election is to be held. Such notice shall be so pub¬ 
lished or posted for at least four weeks prior to such 
election, and shall also be made a part of the general elec- 



MUNICIPAL CORPORATIONS. 


327 


tion notice. Such notice shall distinctly state the propo¬ 
sition to be so submitted, and shall designate the class to which 
such corporation belongs, and shall invite the electors thereof 
to vote upon such proposition by placing upon their ballots the 
words “For Reorganization,” or “Against Reorganization,” or 
words equivalent thereto. The votes so cast shall be canvassed 
at the time and in the manner in which the other votes cast at 
such election are canvassed. If, upon such canvass, a majority 
of all the electors voting at such election shall be found to have 
voted for such reorganization, the said council, board, or other 
legislative body shall, by an order entered upon their minutes, 
cause their clerk, or other officer performing the duties of 
clerk, to make and transmit to the Secretary of State a certified 
abstract of such vote; which abstract shall show the whole 

number of electors voting at such election, the number of 

votes cast for reorganization, and the number of votes cast 

against reorganization. Said council, board, or other legislative 
body shall immediately thereafter call a special election for the 
election of the officers required by law to be elected in 

corporations of the class to which such city and .county, city, 
or town shall belong, which election shall be held within six 
weeks thereafter. Such election shall be held in all respects in 
the manner prescribed, or that may hereafter be prescribed, 
by law for municipal elections in corporations of such class, 
and shall be canvassed by the council, board, or other legis¬ 
lative body calling the same, who shall immediately declare the 
result thereof, and cause the same to be entered upon their 
journal. From and after the date of such entry, such corpo¬ 
ration shall be deemed to be organized under such general 
laws, under the name and style of the city and county (or 

city or town as the case may be) of . (naming it), 

with the powers conferred, or that may hereafter be con¬ 
ferred, by law upon municipal corporations of the class to 
which the same may belong; and the officers elected at such 
election shall be entitled immediately to enter upon the duties 
of their respective offices, upon qualifying in accordance with 
law, and shall hold such offices, respectively, only until the 
next general municipal election to be held in such city and 
county, city, or town, and until their successors are elected 
and qualified. 

Sec. 5. Effect of reincorporation. Any city and county, 
city, or town organized under the provisions of section 4 of 
this act shall, for all purposes, be deemed and taken to be in 
law the identical corporation theretofore incorporated and 
existing; and such reorganization shall in nowise affect or im¬ 
pair the title to any property owned or held by such corpo¬ 
ration, or in trust therefor, or any debts, demands, liabilities, 
or obligations existing in favor of or against such corpo¬ 
ration, or any proceeding then pending; nor shall the same 
operate to repeal or affect in any manner any ordinance there¬ 
tofore passed or adopted and remaining unrepealed, or, to dis- 


Reorganiza- 
tion, ballot, 
form of. 


Clerk to 
transmit 
abstract of 
vote. 


Special 
election for 
election of 
officers. 


Not to affect 
title or 
property of 
incorporation. 



328 


CALIFORNIA ELECTION LAWS. 


Annexation 
of territory. 


Petition. 


Special 

election. 


Publication 
of notice. 


Ballot, 
form of. 


charge any person from any liability, city or criminal, then 
existing, for any violation of any such ordinance; but such 
ordinances, so far as the same are not in conflict with such 
general laws, shall be and remain in force until repealed or 
amended by competent authority; provided, that proceedings 
theretofore co. imenced shall, after such reorganization, be con¬ 
ducted in accordance with the provisions of such general laws. 

Sec. 6. Duty of outgoing officers. As soon as the officers 
elected under the provisions of either section 3 or section 4 
of this act shall have qualified in accordance with law, all 
persons, if any, then in possession of the offices of such corpo¬ 
ration, shall immediately quit and surrender up the possession 
of such offices, and shall deliver to the officers so elected all 
moneys, books, papers, or other things in their official custody, 
and all property of such corporation in their hands, notwith¬ 
standing that the terms of office for which they were respec¬ 
tively elected or appointed may not then have expired; and all 
officers, boards, and persons holding any property in trust for 
any public use, the administration of which use is vested by 
such general laws in such corporation, or in any of its officers, 
shall, upon demand from such corporation or such officers, 
convey such property to such corporation or such officers, by 
good and sufficient deeds of conveyance, in trust for such public 
use. 

Sec. 7. Boundary, how changed. The boundaries of any 
municipal corporation may be altered, and new territory in¬ 
cluded therein, after proceedings had as required in this section. 
The council, board of trustees, or other legislative body of such 
corporation shall, upon receiving a petition therefor, signed by 
not less than one-fifth of the qualified electors thereof, as shown 
by the vote cast at the last municipal election held therein, 
submit to the electors of such corporation, and to the electors 
residing in the territory proposed by such petition to be an¬ 
nexed to such corporation, the question whether such territory 
shall be annexed to such corporation and become a part thereof. 
Such question shall be submitted at a special election, to be 
held for that purpose, and such legislative body shall give 
notice thereof by publication in a newspaper printed and pub¬ 
lished in such corporation, and also in a newspaper printed 
and published outside of such corporation, and in the county 
in which such territory so proposed to be annexed is situated, 
in both cases for a period of four weeks prior to such election. 
Such notice shall distinctly state the proposition to be so sub¬ 
mitted, and shall designate specifically the boundaries of the 
territory so proposed to be annexed; and the electors shall be 
invited thereby to vote upon such proposition by placing upon 
their ballots the words “For Annexation,” or “Against An¬ 
nexation,” or words equivalent thereto. Such legislative body 
shall also designate the place or places at which the polls will 
be opened in such territory so proposed to be annexed, which 


MUNICIPAL CORPORATIONS. 


329 


place or places shall be that or those usually used for that pur¬ 
pose within such territory, if any such there be. Such legis¬ 
lative body shall also appoint and designate in such notice 
the names of the officers of election. Such legislative body 
shall meet on the Monday next succeeding the day of such 
election, and proceed to canvass the votes cast thereat. The 
votes cast in such territory so proposed to be annexed shall 
be canvassed separately, and if it shall appear upon such 
canvass that a majority of all the votes cast in such terri¬ 
tory and a majority of all the votes cast in such corporation 
shall be for annexation, such legislative body shall, by an 
order entered upon their minutes, cause their clerk, or other 
officer performing the duties of clerk, to make and transmit to 
the Secretary of State a certified abstract of such vote; which 
abstract shall show the whole number of electors voting in such 
territory, the whole number of electors voting in such corpo¬ 
ration, the number of votes cast in each for annexation, and 
the number of votes cast in each against annexation. From 
and after the date of the filing of such abstract, such annexation 
shall be deemed complete, and thereafter such territory shall 
be and remain a part of such corporation; provided, that no 
property within such territory so annexed shall ever be taxed 
to pay any portion of any indebtedness of such corporation, con¬ 
tracted prior to or existing at the date of such annexation. 
If the territory so proposed to be annexed consists, in whole 
or in part, of any municipal corporation, or part thereof, such 
territory shall not be annexed under the provisions of this 
section. 

Sec. 8. Municipal corporations, how consolidated. Two or 

more contiguous municipal corporations may become consoli¬ 
dated into one corporation after proceedings had as required 
in this section. The council, board of trustees, or other legis¬ 
lative body of either of such corporations shall, upon receiving 
a petition therefor, signed by not less than one-fifth of the 
qualified electors of each of such corporations, as shown by the 
votes cast at the last municipal election held in each of such 
corporations, submit to the electors of each of such corpo¬ 
rations the question whether such corporations shall become 
consolidated into one corporation. Such legislative body shall 
designate a day upon which a special election shall be held in 
each of such corporations to determine whether such con¬ 
solidation shall be effected, and shall give written notice thereof 
to the council, board of trustees, or other legislative body of 
each of the other of such corporations, which notice shall 
designate the name of the proposed new corporation. It shall 
thereupon be the duty of such legislative body of each of the 
corporations so proposed to be consolidated to give notice of 
such election, by publication in a newspaper printed and pub¬ 
lished in such corporation, for a period of four weeks prior 
to such election. Such notice shall distinctly state the propo¬ 
sition to be so submitted, the name of the corporations so pro- 


Legislative 
body to 
canvass votes. 


Clerk to 
transmit 
abstract of 
votes. 


Consolidation 
of municipal 
corporations. 


Petition. 


Special 
election, 
when held. 


Duties of 
corporations 
to be con¬ 
solidated. 


Notice of 
election. 


330 


CALIFORNIA ELECTION LAWS. 


Ballot, 
form of. 


Canvass of 
votes. 


Certified 

abstract. 


Special 
election for 
election of 
officers. 


How 

conducted. 


posed to be consolidated, the name of the proposed new cor¬ 
poration, and the class to which such proposed new corpo¬ 
ration will belong; and shall invite the electors to vote upon 
such proposition by placing upon their ballots the words “For 
Consolidation,” or “Against Consolidation,” or words equivalent 
thereto. The legislative bodies of each of such corporations 
shall meet in joint convention at the usual place of meeting of 
the legislative body of that one of such corporations having 
the greatest population, as shown by the last federal census, 
on the Monday next succeeding the day of such election, and 
proceed to canvass the votes cast thereat. The votes cast in 
each of such corporations shall be canvassed separately; and 
if it shall appear upon such canvass that a majority of the 
votes cast in each of such corporations shall be for consoli¬ 
dation, such joint convention, by an order entered upon their 
minutes, shall cause the clerk, or other officer performing the 
duties of clerk, of the legislative body at whose place of meet¬ 
ing such joint convention is held, to make a certified abstract 
of such vote; which abstract shall show the whole number of 
electors voting at such election in each of such corporations, 
the number of votes cast in each for consolidation and the 
number of votes cast in each against consolidation. Such ab¬ 
stract shall be recorded upon the minutes of the legislative 
body of each of such corporations; and immediately upon the 
record thereof, it shall be the duty of the clerk, or other officer 
performing the duties of clerk, of each of such legislative 
bodies to transmit to the Secretary of State a certified copy 
of such abstract. Immediately after such filing, the legislative 
body of that one of such corporations having the greatest 
population, as shown by the last federal census, shall call a 
special election, to be held in such new corporation for the 
election of the officers required by law to be elected in corpo¬ 
rations of the class to which such new corporation shall 
belong, which election shall be held within six months there¬ 
after. Such election shall be called and conducted in all re¬ 
spects in the manner prescribed, or that may hereafter be pre¬ 
scribed, by law for municipal elections in corporations of such 
class, and shall be canvassed by the legislative body so calling 
the same, who shall immediately declare the result thereof, and 
cause the same to be entered upon their journal. From and 
after the date of such entry, such corporations shall be deemed 
to be consolidated into one corporation, under the name and 
style of the city and county (or city or town as the case may 

be) of . (naming it), with the powers conferred, or that 

may hereafter be conferred, by law upon municipal corpo¬ 
rations of the class to which the same shall so belong; and 
the officers elected at such election shall be entitled im¬ 
mediately to enter upon the duties of their respective offices, 
upon qualifying in accordance with law, and shall hold such 
offices, respectively, only until the next general municipal 
election to be held in such city and county, city, or town, and 



MUNICIPAL CORPORATIONS. 


331 


until their successors are elected and qualified. All the pro¬ 
visions of sections 5 and 6 of this act shall apply to such cor¬ 
poration and to the officers thereof; provided, that no prop¬ 
erty within either of the former corporations so consolidated 
shall ever be taxed to pay any portion of any indebtedness of 
either of the other of such former corporations contracted prior 
to or existing at the date of such consolidation. 


CHAPTER VI. 

Article II. 

GENERAL PROVISIONS RELATING TO OFFICERS. 

Municipal Corporations of the Fifth Class, 

Act 2348. 

An Act to provide for the organization , incorporation , and govern¬ 
ment of municipal corporations. (Stats. 1883, page 93.) 

(A charter for cities having a population of more than 3,000 and 
not exceeding 10,000.) 

Sec. 751. Officers. The government of said city shall be vested 
in a Board of Trustees, to consist of five members; a Board of 
Education, to consist of five members; and whenever a free 
public library and reading-room is established therein, five 
trustees thereof; a recorder; a treasurer; a clerk; an attorney; 
a marshal; an assessor, and such subordinate officers as are 
hereinafter provided for; provided, that the Board of Trustees 
may, in its discretion, by an ordinance adopted, published and 
recorded as required for general ordinances, at least thirty days 
before a general city election at which city officers are to be 
elected, unite and consolidate certain offices by declaring: 

1. The city marshal elected shall be ex officio superintend¬ 
ent of streets, and health officer; 

2. The city clerk elected shall be ex officio recorder and 
assessor; 

3. The city treasurer elected shall be ex officio city tax 
collector and license tax collector; 

4. The city attorney elected shall be ex officio city clerk. 

Sec. 752. Election and terms of office. The members of the 

Board of Trustees, and of the Board of Education, and the city 
clerk, city attorney, assessor, marshal, treasurer, and recorder 
shall be elected by the qualified electors of said city at a gen¬ 
eral municipal election, to be held therein on the second Mon¬ 
day in April, 1903, and on the second Monday in April of each 
fourth year thereafter, and shall hold office for the period of 
four years from and after the Monday next succeeding the day 
of such election, and until their successors are elected and 
qualified; provided, that a general municipal election shall be 
held in said city on the second Monday in April, 1905, for the 


Sections of 
act applicable 
to officers. 


Fifth class 
cities, organ¬ 
ization, 
incorpora¬ 
tion, and gov 
eminent of. 


Consolidation 
of offices. 


General 
municipal 
election, 
when held. 


Term of 
office. 



332 


CALIFORNIA ELECTION LAWS'. 


Appointive 

officers. 


Election for 
ordinance 
to divide 
administra¬ 
tion into five 
departments. 


Power of 
Board of 
Trustees. 


Ballots, 
form of. 


Canvass of 
returns. 


election of successors to the members of the Board of Trustees 
and of the Board of Education whose terms of office expire 
during said year, and said successors shall hold office for the 
period of two years from and after the Monday next succeed¬ 
ing the day of such election, and until their successors are 
elected and qualified. The Board of Trustees may in their 
discretion appoint a poundmaster, also a superintendent of 
streets, and a city engineer, all of whom shall hold office 
during the pleasure of the board. (Amendment approved Feb¬ 
ruary 26, 1903.) 

Sec. 752a. Election on adoption of commission form of 
government. The Board of Trustees may at any time submit 
to the electors at any municipal or at any special election 
to be held for that purpose, an ordinance to divide the ad¬ 
ministration of the municipality into five departments and pro¬ 
vide for the assignment of its several members to be heads 
of such respective departments and to be appointed as the 
commissioners of such respective departments; provided, that if 
a Department of Public Health be created the commissioner in 
charge may be given the powers and duties of the Municipal 
Board of Health, and such health board be thereby abolished. 
Such ordinance shall define the duties, powers and responsi¬ 
bilities of each commissioner and may require such commis¬ 
sioner to devote a specified number of hours of each business 
day to the performance of such duties, in which event such 
commissioner may receive a compensation, the amount of 
same to be fixed by said ordinance. The board may by ma¬ 
jority vote, subject to the provisions of this section, assign 
its several members to be and appoint them as the respective 
commissioners of such several departments, and may by like 
vote from time to time change such assignment and appoint¬ 
ment. It may assign employees to one or more departments, 
may require an officer or employee to perform duties in two 
or more departments, and may make such other rules and 
regulations as may be necessary or proper to the efficient and 
economical conduct of the business of the municipality. The 
substance of the ordinance so proposed shall be printed on the 
ballots used at such election substantially as follows: Shall, the 
administration of the municipality be divided into five depart¬ 
ments as follows: (insert the five departments of government 
proposed and briefly designate the powers and duties conferred 
upon each and the compensation each commissioner or head 
of department shall receive), “Yes” and “No” so printed in 
connection therewith that the voters may express their choice. 
The returns of the election shall be canvassed and declared 
as at other municipal elections, and if it appears that a ma¬ 
jority of the votes cast at such election were in favor of the 
ordinance, such ordinance shall take effect and be in force on 
the tenth day thereafter. (New section approved April 10 
1911.) 


MUNICIPAL CORPORATIONS. 


333 


Sec. 752b. Election on question of appointment of city 
officers. The Board of Trustees may submit to the electors 
at any municipal election or at a special election to be held for 
that purpose, the question as to whether the elective officers, or 
any of them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the preceding 
section. The question so submitted shall be printed on the 
ballots used at such election substantially as follows: “Shall 

the Board of Trustees hereafter appoint the . 

(naming the offices) of the city (or town) of .,” 

with the words “Yes” and “No” so printed in connection 
therewith that the voters may express their choice. The re¬ 
turns of the election shall be canvassed and declared as at 
other municipal elections, and if it appears that a majority of 
the votes cast on any such proposition were in favor of the 
appointment of such officers or any of them, then at the 
expiration of the terms of office of any such officials then in 
office, and on the occurrence of a vacancy in any such office, 
such elective officers or any of them for the appointment of 
whom such majority vote was so cast, shall thereafter be ap¬ 
pointed by the board of trustees and hold office during the 

pleasure of such board. (New section approved April 10, 
1911.) 

Sec. 754. Vacancies. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by appointment 
by the Board of Trustees; but if such office be elective, such 
appointee shall hold office only until the next regular election, 
at which time a person shall be elected to serve for the re¬ 
mainder of such unexpired term. In case a member of the 

Board of Trustees is absent from the city for the period of 
ninety days, unless by permission of the Board of Trustees, his 
office shall by the board be declared vacant, and the same filled 
as in case of other vacancies. 

Sec. 755. Compensation. The members of the Board of Trus¬ 
tees shall receive no compensation whatever, except while acting 
as a board of equalization. 

The treasurer, assessor, marshal, clerk and recorder shall 
severally receive at stated times, a compensation to be fixed 
by ordinance, by the Board of Trustees, which compensation 
shall not be increased or diminished after their election, or 
during their several terms of office. 

Nothing herein contained shall be construed to prevent the 
Board of Trustees from fixing such several amounts of com¬ 
pensation in the first instance during the term of office of 
any such officer or after his election. The compensation of 
all other officers shall be fixed from time to time by the Board 
of Trustees. (Amendment approved March 19, 1889, in effect 
immediately.) 

Sec. 756. Elections, How regulated. All elections in such 
city shall be held in accordance with the general election laws 


Board of 
Trustees may 
submit to 
voters 
question 
whether city 
offices shall 
be elective, 01 
appointive 
offices. 


To be filled 
by board of 
trustees. 


Absence from 
city by 
member of 
board, when 
office is to be 
declared 
vacant. 


General 
election laws 
to govern. 




334 


CALIFORNIA ELECTION LAWS. 


Qualifications 
required 
to vote. 


Duty of 
Board of 
Trustees. 


Candidate 
for Trustee 
must reside 
in city one 
year. 


of the state, so far as the same may be made applicable, 
and no person shall be entitled to vote at such election unless 
he shall be a qualified elector of the county, enrolled upon 
the great register .thereof, and shall have resided in such city 
for at least thirty days next preceding such election. The 
Board of Trustees shall give such notice of each election as 
may be prescribed by ordinance, shall appoint boards of elec¬ 
tion, and fix their compensation, and establish election pre¬ 
cincts and polling places, and may change the same; provided, 
that no part of any ward less than the whole thereof, shall be 
attached to any other ward, or part thereof, in forming 
election precincts. At any municipal election the last printed 
great register of the county shall be used, and any elector 
whose name is not upon such printed register shall be en¬ 
titled to vote, upon producing and filing with the board of 
election a certificate, under the hand and official seal of the 
county clerk, showing that his name is registered and un¬ 
canceled upon the great register of such county, provided, that 
he is otherwise entitled to vote. 

Sec. 757. Eligibility to office. No person shall be eligible 
to hold the office of trustee in such city, unless he be a resi¬ 
dent and elector therein, and shall have resided in such city 
for one year next preceding the date of his election. (Amend¬ 
ment approved April 16, 1913.) 

Sec. 758. Free library. The trustees of any free public library 
created or existing in such city under the provisions of an act 
entitled “An act to establish free public libraries and reading- 
rooms, ” approved April twenty-sixth, eighteen hundred and 
eighty, shall be elected by the qualified electors of said city, at a 
general municipal election to be held therein on the second 
Monday in April next succeeding the passage and approval of 
this act, and shall hold office for the period of four years from 
and after the Monday next succeeding the day of such election, 
and until their successors are elected and qualified. In case a 
vacancy shall occur in the office of trustee of such free public 
library and reading-room, the board of trustees of said free pub¬ 
lic library and reading-room shall choose a person to fill such 
vacancy, who shall serve until the next general municipal elec¬ 
tion, when, if the term does not then expire, a person shall be 
elected to serve for the remainder of such unexpired term. 
(Amendment approved April 1, 1897. Stats. 1897, p. 403. In 
effect immediately.) 

Sec. 762. Rules. The Board of Trustees shall judge of the 
qualifications of its members and of all election returns, and 
determine contested elections of all city officers. They may 
establish rules for the conduct of their proceedings, and punish 
any member, or other person, for disorderly behavior at any 
meeting. They shall cause the clerk to keep a correct journal• 
of all their proceedings, and, at the desire of any member, shall 


MUNICIPAL CORPORATIONS. 


335 


cause the ayes and noes to be taken on any question, and en¬ 
tered on the journal. 

Sec. 795. School department. From and after the organization 
of each of such cities, the same shall constitute a separate school 
district, which shall be governed by the board of education of 
such city ; provided the board of supervisors may include more 
territory in such school district than that included in such city, 
and in that case such outside territory shall be deemed a part 
of such city for the purpose of holding the general municipal 
election, and shall be an election precinct by itself and its quali¬ 
fied electors shall vote only for the board of education, and said 
outside territory shall be deemed to be a part of said city for all 
matters connected with the school department, and the annual 
levying and collecting of the property tax for the school fund. 
(Amendment approved March 10, 1891. Stats. 1891, p. 28.) 


CHAPTER VII. 

Article II. 

MUNICIPAL CORPORATIONS OF THE SIXTH CLASS. 

Act 2348. 

(A charter for cities and towns having a population of not ex¬ 
ceeding 3,000.) 

Sec. 851. Officers. The government of such city or town 
shall be vested in a Board of Trustees, to consist of five members; 
a clerk, who shall be ex-officio assessor; a treasurer; a marshal, 
to be appointed by the Board of Trustees, who shall be ex- 
officio tax and license collector; a recorder, to be appointed 
by the Board of Trustees; and such subordinate officers as are 
hereinafter provided for. (Amendment approved March 9, 
1911.) 

Sec. 852. Election. Term of officers. The members of the 
Board of Trustees and the clerk and treasurer, shall be elected 
by the qualified electors of said city or town at a general 
municipal election to be held therein on the second Monday 
in April in each even-numbered year. The clerk and treasurer 
shall hold office for the period of two years from and after the 
Monday next succeeding the day of such election, and until 
their successors are elected and qualified. Members of the 
Board of Trustees shall hold office for the period of four years 
from and after the Monday next succeeding the day of such 
election, and until their successors are elected and qualified, 
and in event of resigning shall not vote on the selection and 
appointment of their successors. The respective terms of the 
members of the first Board of Trustees elected under the pro¬ 
visions of this act shall be determined as follows: the two per¬ 
sons elected by the highest number of votes shall hold office 
for four years; and the three persons elected by the lowest 


School 

district. 


Sixth class 
cities, organ¬ 
ization, incor¬ 
poration and 
government of. 


General 
municipal 
election, 
when held. 


Term of 
office. 



336 


CALIFORNIA ELECTION LAWS. 


Appoint¬ 
ment of 
officers. 


Election for 
ordinance 
to divide 
idministration 
into five 
departments. 


Power of 
Board of 
Trustees. 


Ballots, 

Form. 


Canvass of 
returns. 


number of votes shall hold office for two years. In the event 
that two or more persons shall be elected by the same number 
of votes, the term of each shall be fixed by lot. The Board 
of Trustees may, in their discretion, appoint an attorney, a 
poundmaster, a superintendent of streets, a civil engineer, a 
marshal and such police and other subordinate officers as in 
their judgment may be deemed necessary, and fix their com¬ 
pensation, which said officers shall hold office during the 
pleasure of said board. (Amendment approved April 16, 1913.) 

Sec. 852a. Election on adoption of commission form of 
government. The Board of Trustees may at any time submit 
to the electors at any municipal, or at any special election 
to be held for that purpose, an ordinance to divide the ad¬ 
ministration of the municipality into five departments, and 
provide for the assignment of its several members to be the 
heads of such respective departments and to be appointed as 
the commissioners of such respective departments; provided, 
that if a department of public health be created the commis¬ 
sioner in charge may be given the powers and duties of the 
Municipal Board of Health, and such health board be thereby 
abolished. Such ordinance shall define the duties, powers and 
responsibilities of each commissioner and may require such 
commissioner to devote a specified number of hours of each 
business day to the performance of such duties, in which 
event such commissioner may receive a compensation the 
amount of same to be fixed by said ordinance. The board 
may by majority vote, subject to the provisions of this sec¬ 
tion, assign its several members to be and appoint them as 
the respective commissioners of such several departments and 
may by like vote from time to time change such assignment 
and appointment. It may assign employees to one or more 
departments, may require an officer or employee to perform 
duties in two or more departments, and may make such other 
rules and regulations as may be necessary or proper to the 
efficient and economical conduct of the business of the munici¬ 
pality. The substance of the ordinance so proposed shall be 
printed on the ballots used at such election substantially as 
follows: Shall the administration of the municipality be divided 
into five departments as follows: (insert the five departments 
of government proposed and briefly designate the powers and 
duties conferred upon each and the compensation each com¬ 
missioner or head of department shall receive), “Yes” and 
“No” so printed in connection therewith that the voters may 
express their choice. The returns of the election shall be 
canvassed and declared as at other municipal elections and if 
it appears that a majority of the votes cast at such election 
were in favor of the ordinance, such ordinance shall take effect 
and be in force on the tenth day thereafter. (New section ap¬ 
proved April 10, 1911.) 


MUNICIPAL CORPORATIONS 


337 


Sec. 852b. Election on question of appointment of city 
officers. The Board of Trustees may submit to the electors 
at any municipal election, or at a special election to be held 
for that purpose, the question as to whether the elective officers, 
or any of them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the preceding 
section. The question so submitted shall be printed on the 
ballots used at such election substantially as follows: “Shall 

the Board of Trustees hereafter appoint the. 

(naming the offices) of the city (or town) of. 

with the words “Yes” and “No, 1 ’ so printed in connection there¬ 
with that the voters may express their choice. The returns of 
the election shall be canvassed and declared as at other munici¬ 
pal elections, and if it appears that a majority of the votes 
cast on any such proposition were in favor of the appointment 
of such officers or any of them, then at the expiration of the 
terms of office of any such officials then in office, and on the 
occurrence of a vacancy in any such offices, such elective 
officers or any of them, for the appointment of whom such 
majority vote was so cast, shall thereafter be appointed by the 
Board of Trustees and hold office during the pleasure of such 
board. (New section approved April 10, 1911.) 

Sec. 854. Vacancy in office. How filled. Absence. Any 
vacancy occurring in any of the offices provided for in this 
act shall be filled by appoint by the Board of Trustees; 
but in the event of said Board of Trustees failing to fill such 
vacancy by appointment within thirty days after a vacancy 
occurs, they must, if said office be an elective one, immediately 
after the expiration of said thirty days cause an election to be 
held to fill said vacancy; provided, however, that any person 
appointed or elected to fill such vacancy shall hold office 
only until the next regular election, at which time a person 
shall be elected to serve for the remainder of such unexpired 
term. fti case a member of the Board of Trustees is absent 
from the city for the period of ninety days, unless by per¬ 
mission of the Board of Trustees, his office shall by the board 
be declared vacant, and the same filled as in case of other 
vacancies. (Amendment approved February 15, 1911; in effect 
immediately.) 

Sec. 855. Compensation of trustees. Election to decide. 
Other officers. The members of the Board of Trustees shall 
receive no compensation whatever; provided, that in all such 
cities, the question of whether the members of such board or 
any of them shall receive any compensation for his services as 
such member and the amounts thereof, may be submitted to 
the qualified electors of such cities at any general election, 
and if a majority of such electors voting at such election shall 
vote in favor thereof, then such trustee or trustees shall re¬ 
ceive the compensation specified in the call submitting such 
question at such election; such compensation to begin on the 
first day of the month next succeeding the canvass of the re- 


Board of 
Trustees nav 
submit to 
voters 
question 
whether 
?ity offices 
shall be 
elective, or 
appointive 
offices. 


Form of 
ballot. 


Absence rrom 
city by mem¬ 
ber of board, 
when office 
is to be 
declared 
vacant. 




338 


CALIFORNIA ELECTION LAWS. 


General 
election laws 
to govern. 


Qualifications 
required 
to vote. 


Duty of 
Board of 
Trustees. 


Candidates 
for Trustee 
must reside 
in city 
one year. 


turn of such election and the amount so fixed shall, from such 
date, be a regular charge against such city, payable the same 
as other fixed salaries are paid. Such compensation may be 
increased or diminished at any general election thereafter, by 
submission of such question in the same manner and by the 
same vote as herein provided for the original creation of such 
compensation. 

The clerk, treasurer, marshal, and recorder shall severally 
receive, at stated times, a compensation, to be fixed by 
ordinance by the Board of Trustees, which compensation shall 
not be increased or diminished after their election, or during 
their several terms of office. Nothing herein contained shall be 
construed to prevent the Board of Trustees from fixing such 
several amounts of compensation in the first instance, during 
the term of office of any such officer, or after his election. 
The compensation of all other officers shall be fixed from time 
to time by the Board of Trustees. (Amendment approved 
March 6, 1909; in effect immediately.) 

Sec. 856. Election provisions. All elections in such city or 
town shall be held in accordance with the general election laws 
of the state, so far as the same may be made applicable; and 
no person shall be entitled to vote at such election unless he 
shall be a qualified elector of the county, enrolled upon the 
great register thereof, and shall have resided in such city for at 
least thirty days next preceding such election. The Board ol 
Trustees shall give such notice of each election as may be 
prescribed by ordinance, shall appoint Boards of Election, and 
fix their compensation, and establish election precincts and 
polling places, and may change the same. At any municipal 
election the last printed great register of the county shall be 
used, and any elector whose name is not upon such printed 
register shall be entitled to vote upon producing and filing 
with the Board of Election a certificate, under the hand and 
official seal of the county clerk, showing that his 'name is 
registered and uncanceled upon the great register of such 
county; provided, that he is otherwise entitled to vote. 

Sec. 857. Eligibility of trustees. No person shall be eligible 
to hold the office of trustee in such city, unless he be a resident 
and elector therein, and shall have resided in such city for one 
year next preceding the date of his election. (Amendment ap¬ 
proved April 16, 1913.) 


ARTICLE III. 

LEGISLATIVE DEPARTMENT. 

Sec. 858. Meetings, organization, etc. The board of trustees 
shall meet on the Monday next succeeding the date of said gen¬ 
eral municipal election, shall take the oath of office, shall choose 
one of their number president, and shall hold regular meetings at 



SUPPLEMENTAL INDEX TO 

INITIATIVE AND REFERENDUM BY MUNICIPAL CORPORATIONS. 


ANNEXATION ACT OF 1913. 


MUNICIPAL ANNEXATION ACT OF 1913. 


RECALL OF ELECTIVE OFFICERS OF MUNICIPAL CORPORATIONS. 

(Page 339 to Page 364.) Page 

INITIATIVE AND REFERENDUM .339 

Act, cities not applicable, Sec 2 .343 

Affidavit to secure signatures to petition, to be attached to each 

section of petition, Sec. 1.340 

To be sworn to before 

whom, Sec. 1 .339 

Ballot, argument may be printed upon, Sec. 1, Subd. b.341 

Form of, Sec. 1 .340 

Chartered cities, application of act to, Sec. 2 .343 

Clerk to attach certificate of examination to petition, when, Sec. 1.340 

Examine petition, when, Sec. 1 .340 

Copies of ordinance to be mailed voters, Sec. 1. 341 

Direct legislation by municipal corporations, Sec. 1. 339 

Election, how conducted, and when called, Sec. 1...340 

More than one proposed ordinance may be voted upon at the 

same, Sec. 1 .341 

Special when may be held, Sec. 1, Subd. b..—_..342 

Manner of procedure, Sec. 1 ..7.339 

Ordinance under, how adopted, Sec. 1.340 

When to take effect, Sec. 1, Subd. b.343 

Petition, may be circulated in sections, Sec. 1. 339 

Number of signers required, what to show, Sec. 1.339 

Registration of voters, examination of by clerk, to verify signatures 

on petition, when to be made, Sec. 1.340 

Repeal of former law, Sec. 3‘.343 

Supplemental petitions, when may be filed, Sec. 1.340 

Veto of ordinance, procedure on, Sec. 1, Subd. b.342 

Written argument in support of petition, number of words allowed, 

Sec. 1 Subd. b .341 


ANNEXATION ACT OF 1913. 

(Page 343 to Page 351.) 

Act not to affect certain acts, Sec. 11...351 

Abstract of votes, what to contain, with whom filed, Sec. 4..346 

Adding territory to wards of city, Sec. 8 .......350 

Alterations of city boundaries, proceedings on, Sec. 1.343 

Altering boundaries of wards and cities, manner of, Sec. 8.350 

Annexation of two or more outside municipal corporations, Sec. 6.348 

Annexation, when complete, Sec. 4, Sec. 5.346-348 

Ballots, form of, Sec. 2 ..344 « 

Canvass of returns, how conducted, Sec. 2 .345 

Election, for annexation of new territory, Sec. 2.343 

How paid, Sec. 10 .359 

Two or more outside municipal corporations 

Bey. 6 .348 

Election, for taxation of annexed territory, Sec. 5.347 

How conducted, Sec. 2 .345 

Manner of conducting, Sec. 3 .,.346 

Officers appointment of, Sec. 2.344 

Duty of, Sec. 2 ..,.345 

Expenses for annexation, how paid, Sec. 10.:.350 

Legislative districts, that are not affected by act, Sec. 9.350 

Notice of election, when to be published, Sec. 2.344 

Petition to annexed territory, number of signers required, Sec. 2.344 

Precincts, how established, Sec. 2.344 

Taxation of annexed territory to pay bonded indebtedness, Sec. 5.347 

Territory, that is not to be annexed, Sec. 4.346 

Title of act, Sec. 11.351 























































SUPPLEMENTAL INDEX TO 
MUNICIPAL ANNEXATION ACT OF 1913. 

(Pages 351 to Page 362.) Page 

Abstract of votes, Sec. 4 ..353 

For consolidation with more than one city, Sec. 6.357 

Act, title of, Sec. 14.362 

Acts, that are not affected, Sqc. 14.361 

Ballots for consolidation, form of, Sec. 2.352 

Borough government, how may be established, Sec. 12,...361 

Canvass of returns, Sec. 2 .353 

On taxation election, how conducted, Sec. 5.355 

Charter, new, framing of, Sec. 8.359 

Consolidation, when complete, Sec. 6.358 

Debts, demands, prior of consolidation, disposal of, Sec. 10.360 

Disincorporation of municipality, method of, Sec. 8.358 

Duty of Clerk upon consolidation, Sec. 3.353 

Election, to consolidate, when to be called, how conducted, Sec. 2.352 

Officers, appointment of, duty of, Sec. 2.353 

For consolidation with more than one city, how conducted, 

Sec. 6 . 356 

Expenses for consolidation, how paid, Sec. 13.361 

Municipal corporations, consolidation of, manner of procedure, Sec. 1.351 

Notice of election, period of publication, what to show, Sec. 2.352 

On taxation, what to show, Sec. 5.355 

Ordinance of smaller cities, how repealed, Sec. 10.360 

Petition to consolidate, Sec. 2 .352 

For taxation election, what to show, Sec. 5.355 

To consolidate, when but one may be presented at one time, 

Sec. 7 . 358 

Property, when not to be taxed, Sec. 11..361 

Taxation of consolidated municipalities to pay bonded indebtedness, 

Sec. 5 . 355 


RECALL OF ELECTIVE OFFICERS OF MUNICIPAL CORPORATIONS. 

(Page 362 to Page 364.) 

Act, application of to chartered cities, Sec. 2.364 

Repeal of former, Sec. 3 ....364 

Affidavit of verification deputies attached to each section of petition, 

Sec. 1 ...363 

Ballot, what to contain, Sec. 1...364 

Canvass of votes, how conducted, Sec. 1.364 

Chartered cities, application of act to, Sec. 2.36 4 

Clerks, certificate of examination of registration of voters, Sec. 1.363 

When to examine records of registration, Sec. 1.363 

Election for recall, when to be called, and how conducted, Sec. 1.364 

Postponement of, Sec. 1 .363 

Examination of registration of voters by clerk, Sec. 1.363 

Failure of successful candidate to qualify, procedure on, Sec. 1.364 

In case clerk is officer sought to be recalled, procedure on, Sec. 1.363 

Insufficiency of signers to petition, procedure-on, Sec. 1.363 

Nomination of candidates for office vacant, how prescribed, Sec. 1.364 

Officers to be recalled must have held office for six months, Sec. 1.362 

Party affiliations not to show, Sec. 1 .364 

Petition for removal, what to specify, Sec. 1.362 

Number of signers, Sec. 1.362 

Signatures to, what to show, Sec. 1.362 

May be circulated in sections, Sec. 1.362 

For nominations to office vacant, how prescribed, 

Sec. 1 .364 

One sufficient for more than one official, Sec. 1.363 

Procedure to remove, Sec. 1 .362 

Repeal of former act, Sec. 3.364 

Vacancy in office after recall petition is filed, procedure, Sec. 1..363 

When may be recalled, Sec. 1.362 
























































INITIATIVE AND REFERENDUM 


339 


least once in each month at such time as they shall fix by ordi¬ 
nance, and may adjourn any regular meeting to a date certain, 
which shall be specified in the order of adjournment, and when 
so adjourned, such adjourned meeting shall be a regular meet¬ 
ing for all purposes. Special meetings may be called at any 
time by the president of the board or by three trustees by writ¬ 
ten notice delivered to each member at least three hours before 
the time specified for the proposed meeting; all meetings of the 
board of trustees shall be held within the corporate limits of 
the city at such place as may be designated by ordinance and 
shall be public. (Amendment approved June 3, 1913.) 

Sec. 860. Rules relating to elections. The Board of Trus¬ 
tees shall judge of the qualifications of its members and of all 
election returns, and determine contested elections of all city 
officers. They may establish rules for the conduct of their 
proceedings, and punish any member or other person for dis¬ 
orderly behavior at any meeting. They shall cause the clerk 
to keep a correct journal of all their proceedings, and at the 
desire of any member shall cause the ayes and noes to be 
taken on any question, and entered on the journal. 


INITIATIVE AND REFERENDUM. 

An Act to provide for direct legislation by cities and towns , includ¬ 
ing initiative and referendum. 

(Approved January 2, 1912.) 

Section 1. Direct legislation by municipal corporations. 

Ordinances may be enacted by and for any incorporated city 
or town of the state in the manner following: Any proposed 
ordinance may be submitted to the legislative body of such 
city or town by a petition filed with the clerk of such legislative 
body after being signed by qualified electors of the city or town 
not less in number than the percentages hereinafter required. 
The signatures to the petition need not all be appended to 
one paper. Each signer shall add to his signature his place of 
residence and occupation, giving street and number, where 
such street and number, or either, exist, and if no street or 
number exist, then such a designation of the place of residence 
as will enable the location to be readily ascertained. Each 
such separate paper shall have attached thereto an affidavit 
made by a qualified elector of the city or town, and sworn to 
before an officer competent to administer oaths, stating that 
the affiant circulated that particular paper and saw written 
the signatures appended thereto; and that according to the 
best information and belief of the affiant, each is the genuine 
signature of the person whose name purports to be thereunto 
subscribed, and of a qualified elector of the city or town. 
Within ten days from the date of filing such petition, the 


Initiative; 
ordinance 
proposed by 
electors. 


Petition. 



340 


CALIFORNIA ELECTION LAWS'. 


Supplemental 

petitions. 


Special 

Election. 


The ballots 
used at 
elections. 


clerk shall examine, and from the records of registration, as¬ 
certain whether or not said petition is signed by the requisite 
number of qualified electors, and he shall attach to said pe¬ 
tition his certificate showing the result of said examination. If 
by the clerk’s certificate the petition is shown to be insufficient, 
it may be supplemented within ten days from the date of such 
certificate by the filing of additional papers, duplicates of the 
original petition except as to the names signed. The clerk 
shall, within ten days after such supplementing papers are 
filed, make like examination of the supplementing petition, 
and if his certificate shall show that all the names to such 
petition, including the supplemental papers, are still insufficient, 
no action on the petition shall be mandatory on the legislative 
body; but the petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be without 
prejudice to the filing later of an entirely new petition to the 
same or similar effect. If the petition shall be found to be 
sufficient, the clerk shall submit the same to the legislative 
body at its next regular session. If the petition accompanying 
the proposed ordinance be signed by electors not less in num¬ 
ber than twenty per cent of the entire vote cast within such 
city or town for. all candidates for governor of the state, at 
the last preceding general election at which such governor 
was voted for, and contains a request that such ordinance be 
submitted forthwith to a vote of the people at a special election, 
then the legislative body shall either: 

(a) Pass such ordinance without alteration at the regular 
session at which it is presented and within ten days after it is 
presented; or, 

(b) Forthwith, the legislative body shall proceed to call a 
special election at which such ordinance, without alteration, 
shall be submitted to a vote of the electors of the city or 
town. 

If the petition be signed by the electors not less in number 
than ten per cent of the entire vote cast for all such candidates 
for governor at the last preceding election when such candi¬ 
dates for governor were voted for, and the ordinance petitioned 
for is not required to be, or for any reason is not, submitted to 
the electors at a special election, and is not passed without 
change by said legislative body, then such ordinance without 
alteration, shall be submitted by the legislative body to a vote 
of the electors at the next regular municipal election. The 
ballots used when voting upon said proposed ordinance shall 
have printed thereon the words “Shall the ordinance (stating 
the nature thereof) be adopted?” Opposite such proposition 
to be voted on, and to the right thereof, the words “Yes” 
and “No” shall be printed on separate lines, with voting 
squares. If an elector shall stamp a cross (X) in the voting 
square after the printed word “Yes,” his vote shall be counted 
in favor of the adoption of the ordinance, and if he shall 


INITIATIVE AND REFERENDUM 


341 


stamp a cross (X) in the voting square after the printed word 
“No,” his vote shall be counted against the adoption of the 
same. If a majority of the qualified electors voting on said 
proposed ordinance shall vote in favor thereof, such ordinance 
shall thereupon become a valid and binding ordinance of the 
city or town, and be considered as adopted upon the date 
that the vote is canvassed and declared by the canvassing 
board, and go into effect ten days thereafter. Such ordinance 
shall have the same force and effect as one passed by the 
legislative body of the city or town, except that no ordinance 
proposed by petition as in this section provided, and thereafter 
passed by the vote of the legislative body of the city or town 
without submission to a vote of the people, or voted upon 
and adopted by the people, shall be repealed or amended 
except by a vote of the people, unless provision otherwise 
be made in the ordinance itself. Any number of proposed 
ordinances may be voted upon at the same election in ac¬ 
cordance with the provisions of this statute; provided, that 
there shall not be held under this statute more than one special 
election in any period of six months. If any measure be sub¬ 
mitted upon an initiative petition of registered voters, as here¬ 
inbefore provided, the persons filing said petition shall have 
the right, if they so choose, to present and file therewith a 
written argument in support thereof not exceeding three hun¬ 
dred words in length, which argument shall be printed upon 
the sample ballot issued for said election. Upon the same ballot 
shall also be printed any argument of not exceeding three hun¬ 
dred words in length in opposition thereto which may be 
prepared by the legislative body. If the provisions of two or 
more ordinances adopted at the same election conflict, then the 
ordinance receiving the highest number of affirmative votes 
shall control. The legislative body of the city or town may 
submit to the people, without a petition therefor, a proposition 
for the repeal of any adopted ordinance, or for amendments 
thereto, or for the enactment of any new ordinance, to be voted 
upon at any succeeding regular or special municipal city or 
town election, and if such proposition so submitted receive a 
majority of the votes cast thereon at such election, such ordi¬ 
nance shall be repealed, amended or enacted accordingly. When¬ 
ever any ordinance or proposition is required by this statute to 
be submitted to the voters of a city or town at any election, the 
clerk of the legislative body shall cause the ordinance or propo¬ 
sition to be printed and he shall mail a copy thereof, enclosed 
in an envelope with a sample ballot to each voter at least ten 
days prior to the election. All the provisions of this statute 
are to be liberally construed for the purpose of ascertaining 
and enforcing the will of the electors. The enacting clause of 
an ordinance passed by the vote of the electors shall be sub¬ 
stantially in the following form: “The people of the city (or 

town) of . do ordain as follows:”. When a 

special election is to be called under the terms of this section 


More than 
one proposed 
ordinance 
may be voted 
upon at the 
same election. 


Argument, 

how 

presented. 


Reference 

to people by 

legislative 

body 

without 

petition. 


Clerk to 
send copies 
to voters. 



342 


CALIFORNIA ELECTION LAWS'. 


Time of 
holding 
special 
elections. 


Submission 
to people of 
ordinance 
passed by 
legislative 
body. 


Effect of 
veto by mail. 


it shall be held not less than thirty nor more than sixty days 
after the date of the presentation of the proposed ordinance 
to the legislative body, and shall be held as nearly as may be 
in accordance with the election laws of the state; provided, 
however, that, to avoid holding more than one such election 
within any six : lonths, the date for holding such special elec¬ 
tion may be fixed later than sixty days, but at as early a date 
as practicable after the expiration of such six months; pro¬ 
vided, further, that when under any of the terms of this 
statute fixing the time within which a special election shall 
be held it is made possible to hold the same within six months 
prior to a regular municipal election, the legislative body may 
in its discretion, submit the proposed ordinance at such regular 
election instead of at a special election. Except an ordinance 
calling or otherwise relating to an election, no ordinance 
passed by the legislative body of a city or town, except when 
otherwise specially required by the laws of the state, and 
except an ordinance for the immediate preservation of the 
public peace, health or safety, which contains a declaration of, 
and the facts constituting its urgency and is passed by a 
four-fifths vote of the legislative body of a city or town, and 
no ordinance granting a franchise shall go into effect before 
thirty days from its final passage; and if, during said thirty 
days, a petition, signed by qualified voters of the city or town 
equal to ten per cent of the entire vote cast therein for all 
candidates for governor of the state at the last preceding gen¬ 
eral election at which a governor was voted for, protesting 
against the passage of such ordinance, be presented to the legis¬ 
lative body, the same shall thereupon be suspended from going 
into operation, and shall be the duty of the legislative body 
to reconsider such ordinance. If said legislative body shall 
thereupon not entirely repeal said ordinance, it shall submit the 
same to a vote of the electors either at a regular municipal 
election or a special election to be called for the purpose, and 
such ordinance shall not go into effect or become operative 
unless a majority of the voters voting upon the same shall 
vote in favor thereof. Such petitions and the provisions of the 
law relative to the duty of the clerk in regard thereto and the 
manner of voting thereon, shall conform to the rules provided 
herein for the initiation of legislation by the electors: 

In cities or towns having a mayor (or like officer), with the 
veto power, the passage of an ordinance petitioned for by the 
electors, followed by its veto by the mayor (or like officer) 
and the failure of the legislative body to pass the same over 
such veto, shall be deemed and treated as a refusal of the 
legislative body to pass the ordinance, within the meaning of 
this statute; and a vote of the legislative body in favor of the re¬ 
peal of an ordinance previously passed (but protested against by 
the electors as herein provided for) followed by a veto of such 
repeal by the mayor (or like officer) and the failure of the 
legislative body to pass said repeal over said veto, shall be 


ANNEXATION ACT 


343 


deemed and treated as a refusal to repeal the ordinance so 
protested against. In such city or town the date of approval 
of an ordinance by the mayor or like officer (or of the ex¬ 
piration without his action thereon of the time within which 
he may veto the same, if such expiration of time for his action 
without his approval or veto has the effect of making the 
ordinance a law) shall be deemed the date of final passage of 
the ordinance by the legislative body, within the meaning of 
this statute. Any duty herein in terms, or by reasonable 
implication, imposed upon the legislative body in regard to 
calling an election, or in connection therewith, shall be like¬ 
wise imposed upon any mayor, or any other officer having 
any duty to perform connected with the elections, so far as 
may be necessary to fully carry out the provisions of this 
statute. 

Sec. 2. Application of act to chartered cities. This act is 
not intended to apply to those cities having a freeholders’ 
charter adopted and ratified under the provisions of section 8 
of article XI of the constitution, and having in such charter 
provision for the direct initiation of ordinances by the electors. 

Sec. 3. Repeal of former law. Sections 2 and 3 of the act 
approved March 14th, 1911, entitled “An act adding three new 
sections to an act entitled ‘An act to provide for the organization, 
incorporation and government of municipal corporations,’ ap¬ 
proved March 13, 1883, to be numbered 10, 11 and 12 and 
relating to the government of municipal corporations and pro¬ 
viding for the recall, initiative and referendum,” are hereby 
repealed. 


ANNEXATION ACT OF 1913. 

(Approved June 11, 1913.) 

An Act to provide for the alteration of the boundaries of and for 
the annexation of territory to municipal corporations, for the 
incorporation of such annexed territory in and as a part there¬ 
of, and for the districting, government and municipal control 
of such annexed territory. 

Section 1. Alteration of city boundaries. The boundaries 
of any municipal corporation may be altered and new terri¬ 
tory annexed thereto, incorporated and included therein, and 
made a part thereof, upon proceedings being had and taken 
as in this act provided. 

Sec. 2. City Council to call election. The legislative body 
of any municipal corporation, upon receiving a written petition 
therefor, signed as hereinafter provided, containing a descrip¬ 
tion of the new territory proposed to be annexed to such munici¬ 
pal corporation, and asking that such territory be annexed 
thereto, must, without delay, call a special election, and 
submit to the electors residing in the territory proposed by 


Date of final 
passage. 


Boundaries of 
municipalities, 
how changed. 


Annexation 
of new 
territory. 


Election for. 



344 


CALIFORNIA ELECTION LAWS'. 


Petition. 


Notice of 
election. 


Date and 
proposition. 


Identification 
to be placed 
on ballot. 


Legislative 

body 

shall desig¬ 
nate voting 
precincts. 


Election 

officers. 


Ballots. 


such petition to be annexed to such municipal corporation 
the question whether such territory shall be annexed to, in¬ 
corporated in and made a part of such municipal corporation. 
Such petition shall be signed by not less than one-fourth in 
number of the qualified electors residing within the territory 
described therein, as shown by the registration of voters of the 
county in which such territory is situated. Such legislative 
body is hereby empowered to, and it shall be its duty to cause 
notice to be given of such election by the publication of a 
notice thereof in a newspaper of general circulation, if any 
such there be, printed and published outside of such municipal 
corporation, but in the county in which the territory so pro¬ 
posed to be annexed is situated, at least once a week for a 
period of four successive weeks next preceding the date of such 
election. If there be no such newspaper, then such legislative 
body shall cause notice of such election to be given by the 
posting thereof in three public places within the territory so 
proposed to be annexed at least four weeks next preceding 
the date of such election. Such notice shall distinctly state the 
date of such election, and the proposition to be submitted, to 
wit, that it is proposed to annex to, incorporate in, and make a 
part of such municipal corporation the territory sought to be 
annexed, specifically describing the boundaries thereof. In 
addition to said description, such territory shall also be desig¬ 
nated in such notice by some appropriate name or other words 
of identification, by which such territory may be referred to 
and indicated upon the ballots to be used at any election at 
which the question of such annexation is submitted as in this 
act provided. The electors in such territory shall be directed 
by such notice to vote upon such question in the manner 
hereinafter set forth in this section. Such legislative body is 
hereby empowered, and it shall be its duty to establish, and in 
such notice of election to designate, the voting precinct or pre¬ 
cincts and the place or places at which the polls will be open 
for such election in such territory so proposed to be annexed, 
which said place or places shall be that or those commonly 
used as voting places within such territory, if any such there 
be. The legislative body of such municipal corporation is em¬ 
powered to, and it shall, appoint the officers of such election, 
who shall be, for each voting place in such territory, two judges 
and one inspector, each of whom shall be a qualified elector 
of the voting precinct in which he is appointed to act as an 
officer of such election. Upon the ballots to be used at such 
election, there shall be printed the words “shall (giving the 
name or other designation of the territory proposed to be an¬ 
nexed, as stated in the notice of election) be annexed to the 
city of (stating name of city)?—Yes/ 1 and “shall (giving the 
name or other designation of the territory proposed to be an¬ 
nexed, as stated in the notice of election) be annexed to the 
city of (stating name of city) ?—No,” and there shall be a 
voting square to the right of and opposite each such propo- 


ANNEXATION ACT 


345 


sition. If an elector shall stamp a cross (X) in the voting 
square after the printed word “Yes,” the vote of such elector 
shall be counted in favor of the annexation of the territory 
referred to in such proposition to the municipal corporation 
named therein; and if an elector shall stamp a cross (X) in the 
voting square after the printed word “No,” the vote of such 
elector shall be counted against such annexation. The ballots 
used at such election, the opening and closing of the polls, and 
the holding and conducting of such election, shall be in con¬ 
formity, as near as may be, with the laws of this state con¬ 
cerning general elections, except as herein otherwise provided. 
The judges and inspector of such election for each polling place 
shall immediately on the closing of the polls, count the ballots, 
make up, certify and seal the ballots and tally sheets of the 
ballots cast at their respective polling places, doing so, as 
nearly as practicable, in the manner provided in the laws of this 
state relating to general elections, and they shall thereupon 
deliver the ballots, tally sheets, and returns to and deposit 
the same with the clerk of the legislative body of such munici¬ 
pal corporation. Such legislative body shall, at the time pro¬ 
vided for its regular meeting next after the expiration of three 
days from and after the date of said election, meet and proceed 
to canvass said returns; and such canvass shall be completed 
at such meeting, if practicable, and in any event, as soon as 
practicable, avoiding adjournment or adjournments, until said 
canvass is completed. Immediately upon the completion of 
such canvass, said legislative body shall cause a record thereof 
to be made and entered upon its minutes, stating the propo¬ 
sition submitted and showing the whole number of votes cast 
thereon in the territory proposed to be annexed, the number of 
votes cast therein in favor of annexation, and the number of 
votes cast therein against annexation. 

Sec. 3. Majority of votes in outside territory, when in favor 
of annexation. If it shall appear from the canvass of the re¬ 
turns of the election held in the territory proposed to be 
annexed to any municipal corporation, as provided in section 2 
of this act, that a majority of all the votes cast in such out¬ 
side territory on the question of such annexation are in favor 
of annexation, such legislative body must then submit to the 
electors of such municipal corporation the question whether 
such territory shall be annexed to, incorporated in and made 
a part of such municipal corporation. Such question may be 
so submitted at the next general municipal election to be held 
in such municipal corporation, or it may be so submitted prior 
to such general election, either at a special election called 
therein for that purpose, or at any other special municipal 
election therein, except an election at which the submission of 
such question is prohibited by law. Whenever such question 
is submitted at any election in such municipal corporation, 
such question shall be stated in the notice of such election and 
on the ballots to be used at such election, and the electors 


What to 
contain. 


Count of 
ballots. 


Canvass of 
returns. 


Question may 
be submitted 
at general 
Municipal 
election. 


346 


CALIFORNIA ELECTION LAWS. 


Manner of 
conducting 
election. 


Should 

majority 

favor. 


Clerk to 
transmit 
abstract to 
Secretary 
of State. 


Annexation, 
when deemed 
complete. 


Territory of 
a city may 
not be 
annexed. 


shall vote thereon, in the same manner as hereinbefore pro¬ 
vided in the case of the election in the territory proposed to 
be annexed. And whenever such question is submitted at any 
such municipal election, general or special, as above provided, 
it shall be submitted and voted upon as other questions are 
required by law to be submitted and voted upon at such elec¬ 
tions, except in particulars otherwise in this act set forth; and 
the laws applicable to and governing the time and manner of 
giving notice, conducting, holding, canvassing the returns, 
and declaring the result of any such election shall apply to and 
govern the submission of such question to the electors of such 
municipal corporation at any such election. 

Sec. 4. Record of votes cast. Immediately upon the com¬ 
pletion of the canvass of the returns of any election in any 
municipal corporation at which the question of annexation of 
new territory thereto was submitted, as in this act provided, 
the legislative body of such municipal corporation shall cause 
a record to be made, and entered upon its minutes, showing 
the total number of votes cast in such municipal corporation 
upon such question at such election, the number thereof cast 
in favor of annexation, and the number thereof cast against 
annexation. If it shall appear from the canvass of the returns 
of such election, that a majority of the qualified electors of 
such municipal corporation voting on the question of such 
annexation are in favor thereof, the clerk or other officer per¬ 
forming the duties of clerk of the legislative body of such 
municipal corporation shall promptly make and certify, under 
the seal thereof, and transmit to the Secretary of State, a 
copy of the record of the canvass of the returns of the election 
in such new territory and of the election in such municipal 
corporation at which the question of the annexation of the 
same new territory was submitted, and entered upon its 
minutes as aforesaid, together with a statement showing the 
dates of such elections in said new territory and in said 
municipal corporation, and the time and the result of the 
canvass of the returns of such elections, and containing a 
description of such territory. Said document shall be filed 
by the Secretary of State immediately upon the receipt thereof. 
From and after the date of the filing of said document in the 
office of the Secretary of State, the annexation of such terri¬ 
tory so proposed to be annexed and described therein, shall 
be deemed to be and shall be complete, and thenceforth such 
annexed territory shall be, to all intents and purposes, a part 
of such municipal corporation, except only that no property 
within such annexed territory shall ever be taxed to pay any 
portion of any indebtedness or liability of such municipal cor¬ 
poration contracted prior to or existing at the time of such 
annexation, excepting as hereinafter provided. No territory 
which, at the time of the presentation of a petition to the 
legislative body of any municipal corporation for the annexation 


ANNEXATION ACT 


347 


of such territory thereto forms any part of any municipal cor¬ 
poration, shall be annexed under the provisions of this act. 

Sec. 5. Taxation of annexed territory to pay indebtedness of 
city. Whenever any municipal corporation to which it is pro¬ 
posed to annex territory under the provisions of this act shall 
have incurred, or authorized the incurring of, any bonded in¬ 
debtedness for the acquisition, construction or completion of 
any municipal improvement or improvements, the petition 
presented to the legislative body of such municipal corpo¬ 
ration, as provided in section 2 of this act, may contain a 
request that the question to be submitted to the electors 
residing in the territory proposed by such petition to be an¬ 
nexed to such municipal corporation, shall be, whether such 
new territory shall be annexed to, incorporated in, and made 
a part of, said municipal corporation, and the property therein 
be, after such annexation, subject to taxation, equally with the 
property within such municipal corporation, to pay any such 
bonded indebtedness of such municipal corporation, outstand¬ 
ing at the date of such annexation or theretofore authorized. 
If such request shall be made in said petition, proceedings shall 
be had thereon, and an election shall be called and held in the 
territory proposed to be annexed, the same in all respects as 
upon a petition presented under the provisions of section 2 
of this act, excepting that the notice of election shall dis¬ 
tinctly state the proposition to be submitted, to wit: that it is 
proposed to annex to, incorporate in, and make a part of, such 
municipal corporation, the territory sought to be annexed, 
specifically describing the boundaries thereof, and that the 
property therein, shall, after such annexation, be subject to 
taxation, equally with the property within such municipal 
corporation, to pay such bonded indebtedness of such municipal 
corporation, outstanding at the date of the said annexation, or 
indebtedness theretofore authorized and to be represented by 
bonds of such municipal corporation thereafter to be issued. 
The said notice shall, in addition, distinctly specify the im¬ 
provement or improvements for which such indebtedness was 
so incurred or authorized, and state the amount or amounts 
of such indebtedness already incurred, outstanding at the date 
of the first publication of such notice, and the amount or 
amounts of such indebtedness theretofore authorized, and to 
be represented by bonds thereafter to be issued, and the maxi¬ 
mum rate of interest payable, or to be payable on such indebted¬ 
ness; and upon the canvass of the returns of the votes cast 
in any territory proposed to be annexed at any election held 
therein under the provisions of this section, if it shall appear 
that two-thirds of all the votes cast in such outside territory 
are in favor of annexation, the legislative body of such munici¬ 
pal corporation shall Submit to the electors thereof the question 
whether such territory shall be annexed to, incorporated in and 
made a part of such municipal corporation. Such question may 
be so submitted to the electors of such municipal corporation in 


Question to 
be submitted 
to voters. 


Petition. 


Proposed 

annexed 

territory. 


When 
two-thirds 
vote cast in 
outside terri¬ 
tory favor 
annexation. 


348 


CALIFORNIA ELECTION LAWS. 


Annexation 
deemed 
complete. • 


May be 
submited at 
the next 
general 
election. 


the same manner as provided in section three of this act, and 
if it shall appear from the canvass of the returns of the election 
in such municipal corporation at which such question shall have 
been submitted, that a majority of the qualified electors thereof 
voting upon the question of such annexation are in favor there¬ 
of, like proceedings shall thereupon be taken, and with the 
same force and effect as provided in sections three and four 
of this act. The provisions of sections two, three and four ol 
this act, so far as applicable, shall apply to annexation under 
the provisions of this section. From and after the date of 
the filing in the office of the Secretary of State of a copy of 
the record of the canvass of the returns of the election in such 
new territory and of the election in such municipal corporation 
at which the question of the annexation of the same new terri¬ 
tory was submitted under the provisions of this section, and 
entered upon the minutes of the legislative body of such munici¬ 
pal corporation, as hereinbefore in this act provided, together 
with a statement showing the dates of such elections in said 
new territory and in such municipal corporation, and the time 
and result of canvass of the returns of such elections, the an¬ 
nexation of such territory so proposed to be annexed and de¬ 
scribed therein, shall be deemed, and shall be, complete, and 
thenceforth such annexed territory shall be, to all intents and 
purposes a part of such municipal corporation, and the prop¬ 
erty within such annexed territory shall be taxed to pay the 
bonded indebtedness or liability of such corporation, specified 
in said notice, equally with the property within such municipal 
corporation as it existed prior to such annexation. 

Sec. 6. Questions of annexing two or more outside bodies 
may be submitted at one election. Nothing in this act con¬ 
tained shall be construed to prevent the submission to the 
electors of any municipal corporation as separate propositions 
to be voted upon separately at one and the same election 
therein, of the questions of the annexation to any such munici¬ 
pal corporation of two or more bodies of outside territory, 
each of which is contiguous to such municipal corporation, but 
no one of which is contignous to any of the others. When¬ 
ever, upon proceedings had and taken and at elections called 
and held in accordance with the provisions of this act, the 
electors of each of two or more such bodies of outside terri¬ 
tory have voted in favor of the annexation thereof to the same 
municipal corporation, the legislative body of such municipal 
corporation must submit to the electors thereof, as separate 
propositions, each to be voted upon separately and without 
regard to the others, the question whether each such bodies of 
new territory shall be annexed to, incorporated in and made a 
part of such municipal corporation. Such questions may be so 
submitted at the next general municipal eletcion to be held in 
such municipal corporation, or they may be so submitted prior 
to such general election, either at a special election called there¬ 
in for that purpose, or at any other special election at which 


ANNEXATION ACT 


349 


the submission of such questions, is (not) prohibited by law. The 
notice of such election shall state, as separate propositions to 
be submitted at such election, the question of the annexation 
of each body of new territory, in the same manner as herein¬ 
before provided in the case of the notice of an election in 
such municipal corporation at which the question of annexation 
of only one body of new territory thereto is submitted; and 
the question as to each such body of new territory, shall be 
printed upon the ballots to be used at such election and the 
same shall be voted upon, separately, in like manner as here¬ 
inbefore provided in the case of the submission of the question 
of the annexation of one body of such new territory. The pro¬ 
visions of section three of this act shall apply to such election 
in all respects the same as in the case of an election where only 
one such question is submitted; provided, however, that the 
annexation of any such body or bodies of new territory, upon 
the question or questions of the annexation of which a ma¬ 
jority of the votes cast thereon at such election shall have been 
cast in favor thereof, shall not be affected or prejudiced in any 
manner, in the event that a majority of the votes cast at such 
election upon the question or questions of the annexation of 
any other body or bodies of new territory, shall have been cast 
against the annexation thereof. 

If it shall appear from the canvass of the returns of such 
election, that a majority of the qualified electors of such munici¬ 
pal corporation voting separately upon the question or ques¬ 
tions of the annexation of any one or more bodies of new terri¬ 
tory, are in favor thereof, the clerk or other officer performing 
the duties of clerk of the legislative body of such municipal 
corporation, shall forthwith make and certify, under the seal 
thereof, and transmit to the Secretary of State, a copy of the 
record of the canvass of the returns of the election in each 
such body of new territory, at which the electors residing 
therein shall have voted in favor of the annexation thereof to 
such municipal corporation, as hereinbefore provided, and of 
the canvass of the returns of the election in such municipal 
corporation at which the questions of the annexation of each 
such bodies of new territory were submitted, and entered upon 
its minutes as aforesaid, together with a statement showing 
the date of the elections in each such body of new territory, 
and in such municipal corporation, and the time and result of 
the canvass of the returns of such elections; provided, how¬ 
ever, that the aforesaid record and statement as to any number 
of such annexations may be included in one document. From 
and after the date of the filing of said document in the office 
of the Secretary of State, the annexation of each body of new 
territory described therein, and so proposed to be annexed shall 
be deemed to be, and shall be complete, and thereafter each 
such body of annexed territory shall be, to all intents and 
purposes, a part of such municipal corporation, with the same 
force and effect as in the case of other annexations under this 
act. 


Notice of 
election. 


Annexation 
of one body 
not affected 
by rejection 
of another. 


Should 
majority in 
city favor. 


Annexation, 

when 

complete. 


350 


CALIFORNIA ELECTION LAWS. 


Wards of 
cities, how 
changed. 


Road tax 
uncollected 
to belong 
to city. 


Sec. 7. Only one petition for annexation of same territory 
at one time. Whenever a petition for the annexation of any 
new territory to any municipal corporation has been received 
by the legislative body thereof, as in this act provided, no peti¬ 
tion asking for the annexation, in whole or in part, of the ter¬ 
ritory described in such petition, to any other municipal cor¬ 
poration, shall be presented to the legislative body of such 
other municipal corporation, and the last mentioned legislative 
body shall not submit the question of the annexation of such 
territory or any part thereof to the electors of such other 
municipal corporation, until the question of the annexation 
thereof to the municipal corporation whose legislative body 
received the petition first in this section mentioned shall have 
been submitted to the electors residing in such territory, and 
a majority of electors voting upon such question in such terri¬ 
tory, shall have voted against the annexation thereof to such 
municipal corporation, or, in the event that a majority of the 
electors in such territory voting therein shall have voted in 
favor of the annexation thereof to such municipal corporation, 
until the question of such annexation shall have been submitted 
to the electors of such municipal corporation, and a majority 
of the electors thereof voting upon such question, shall have 
voted against the annexation thereof to such municipal cor¬ 
poration. 

Sec. 8. Adding territory to wards of city. The legislative 
body of any municipal corporation which is or shall be divided 
into wards, and to which territory has been heretofore or shall 
be hereafter annexed, under the provisions of this act, must by 
ordinance either so alter the boundaries of the wards of such 
municipal corporation as to include such annexed territory in 
one or more wards adjoining such annexed territory, or make 
of such annexed territory one or more additional wards; pro¬ 
vided, that the number of wards shall not be so increased as 
to exceed the number which such municipal corporation may 
have according to law. In altering the boundaries of wards, 
or creating new wards, regard must be had to the number of 
inhabitants, so that each ward shall contain, as near as may 
be, an equal number of inhabitants, exclusive of persons in¬ 
eligible to citizenship in this state. 

Sec. 9. Legislative districts, not affected. Nothing in this 
act contained shall alter or affect the boundaries of any sena¬ 
torial or assembly district. 

Sec. 10. Expenses. All proper expenses of proceedings for 
annexation of territory under this act, whether such annexation 
shall be made and completed or not, shall be paid by the munici¬ 
pal corporation so annexing or attempting to annex such terri¬ 
tory. In the event that a tax for road purposes has been levied 
by the board of supervisors of any county against property 
situated in territory which, subsequent to such levy, is annexed 
to any municipal corporation under the provisions of this act. 


MUNICIPAL ANNEXATION ACT 


351 


but which, at the time of such annexation has not been col¬ 
lected, then all such taxes so uncollected shall be and become 
the property of the municipal corporation to which such terri¬ 
tory is annexed, and the same shall, with other county taxes, 
be collected by the county tax collector, and by him paid into 
the county treasury of said county, after which the same shall, 
by the county treasurer, be paid to such municipal corporation, 
upon proper warrant therefor. The town or city clerk, or other 
officer performing the duties of clerk of such municipal cor¬ 
poration, shall, at any regular meeting of the board of super¬ 
visors of said county, present, and file a verified claim for any 
money thus due such municipal corporation, setting forth the 
fact, and the date of such annexation, and the amount in the 
hands of said county treasurer so due such municipal corpora¬ 
tion. Such claim shall be audited by the board of supervisors 
in the manner in which other claims against the county are 
audited, and if the amount thereof is correct, the same shall 
be allowed, and the county auditor instructed to draw his war¬ 
rant for said amount against the road fund of the district in 
which such annexed territory is situated. This section shall 
apply to all such taxes not paid into the county treasury prior 
to the taking effect of this act. 

Sec. 11. Act of 1898 not affected. This act shall in no wise 
affect an act entitled “An act to provide for the alteration of 
the boundaries of and for the annexation of territory to incor¬ 
porated towns and cities, and for the incorporation of such an¬ 
nexed territory in and as a part of such municipalities, and for the 
districting, government, and municipal control of annexed ter¬ 
ritory,” approved March 19, 1889, or acts amendatory to said 
act, and this act shall not apply to any proceedings had or 
taken thereunder, but is intended and does provide an alterna¬ 
tive method for the annexation of territory to municipal corpor¬ 
ations. When any proceedings for the annexation of territory 
to any municipal corporation are commenced under this act, 
the provisions of this act, and of such amendments thereof as 
may hereafter be adopted, and no other, shall apply to such 
proceedings. This act may be designated and referred to as 
the “Annexation act of 1913.” (Note—see act below.) 


MUNICIPAL ANNEXATION ACT OF 1913. 

(Approved June 11, 1913.) 

An Adi to provide for the consolidation of municipal corporations. 

Section 1. Consolidation of municipal corporations. Munic¬ 
ipal corporations situated in the same county may be consoli¬ 
dated in accordance with proceedings had and taken under the 
provisions of this act. Whenever municipal corporations are 
proposed to be consolidated under the provisions of this act, 
the one of such municipal corporations which has the greatest 


Applies to 
all taxes. 


Title of Act. 


Municipal 
corporations, 
how con¬ 
solidated. 



352 


CALIFORNIA ELECTION LAWS. 


Petition. 
Special 
election. 
Notice of 
publication. 


Voting 

orecincts. 

Election 

officers. 

Ballot. 

Form. 


population as shown by the last federal census, or, in the event 
that any of said municipal corporations shall have been incor¬ 
porated subsequent to the taking of the last federal census, 
the one of such municipal corporations which has the largest 
number of electors, as shown by the registration of electors 
of the county in which such municipal corporations are situ¬ 
ated, shall, for the purpose of this act, be deemed to have the 
greatest population. 

Sec. 2. Petition. Whenever a petition, signed by not less 
than one-fourth in number of the qualified electors of any munic¬ 
ipal corporation, as shown by the registration of electors of 
the county in which such municipal corporation is situated, is 
filed with the legislative body thereof, asking that such munici¬ 
pal corporation and any other municipal corporation contiguous 
thereto, designated in such petition, and having a greater popu¬ 
lation, be consolidated, such legislative body must, without 
delay call a special election and submit to the electors of such 
municipal corporation the question whether such municipal cor¬ 
porations shall be consolidated. Such legislative body shall 
cause notice to be given of such election by the publication of 
a notice thereof, in a newspaper of general circulation, if any 
such there be, printed and published in such municipal corpora¬ 
tion so proposed to be consolidated with such other municipal 
corporation, at least once a week for a period of four successive 
weeks next preceding the date of such election. If there be 
no such newspaper, then such legislative body shall cause notice 
of such election to be given by the publication thereof in a news¬ 
paper of general circulation, printed and published in the county 
in which such municipal corporation is situated, and by posting 
such notice in three public places in such municipal corporation, 
at least four weeks prior to such election. Such notice shall 
distinctly state the proposition to be submitted, the names of 
the municipal corporations proposed to be consolidated, and the 
date of such election, which date shall be within twenty days 
after the expiration of the publication of such notice. Such 
notice shall direct the electors to vote upon the question of such 
proposed consolidation in the manner hereinafter provided. Such 
legislative body is hereby empowered to, and it shall be its duty, 
to establish, and in such notice to designate, the voting 
precinct or precincts and the place or places at which the polls 
will be open for such election, which place or places shall be 
that or those commonly used as voting places in the municipal 
corporation in which such election is held, if any such there be. 
The legislative body of such municipal corporation is hereby 
empowered to, and it shall appoint the officers of such election, 
who shall be, for each voting place, two judges and one inspector, 
each of whom shall be a qualified elector of the voting precinct 
in which he or she is appointed to act as an officer of such elec¬ 
tion. Upon the ballot to be used at such election, there shall 
be printed the words, “Shall the cities of (giving names of 
municipal corporations proposed to be consolidated) be con- 


MUNICIPAL ANNEXATION ACT 


353 


solidated?’ And opposite such proposition to be voted upon, 
and to the right thereof, the words “Yes” and “No” shall be 
printed on separate lines, with voting squares. If an elector 
shall stamp a cross (X) in the voting square after the printed 
word “Yes” the vote of such elector shall be counted in favor 
of such consolidation; and if an elector shall stamp a cross (X) 
in the voting square after the printed word “No,” the vote of 
such elector shall be counted against such consolidation. The 
ballots used at such election, the opening and closing of the 
polls, and the holding and conducting of such election, shall be 
in conformity, as near as may be, with the general laws of this 
state concerning municipal elections, except as herein otherwise 
provided. The Judges and inspector of such election for each 
polling place shall, immediately on the closing of the polls, 
count the ballots, make up, certify and seal the ballots and tally- 
sheets of the ballots cast at their respective polling places, 
doing so, as nearly as practicable, in the manner provided in 
the laws of this state relating to general elections, and they shall 
thereupon deliver the ballots, tally sheets, and returns to, and 
deposit the same with the clerk of the legislative body of the 
municipal corporation in which such election was held. Such 
legislative body shall, at the time provided for its regular meet¬ 
ing next after the expiration of three days from and after the 
date of said election, meet and proceed to canvass said returns; 
and such canvass shall be completed at such meeting, if prac¬ 
ticable, and in any event, as soon as practicable, avoiding, ad¬ 
journment or adjournments, until said canvass is completed. 
Immediately upon the completion of such canvass, said legis¬ 
lative body shall declare the result of such election and shall 
cause a record thereof to be made and entered upon its minutes, 
stating the proposition submitted, and showing the whole num¬ 
ber . of votes cast thereon in such municipal corporation, the 
number of votes cast therein in favor of consolidation, and the 
number of votes cast therein against consolidation. 

Sec. 3. Should majority favor. If it shall appear from the 
canvass of the returns of the election mentioned in section 
two of this act, that a majority of all the votes cast in the munic¬ 
ipal corporation in which such election was held, upon the 
question of consolidation submitted at such election, are in favor 
of such consolidation, the clerk of the legislative body of such 
municipal corporation, shall forthwith make, under the seal 
thereof, and deliver to the clerk of the legislative body of the 
other of the municipal corporations proposed to be so consoli¬ 
dated, to wit, the municipal corporation having the greater pop¬ 
ulation, a copy in duplicate of the record of such canvass, to¬ 
gether with a statement of the proposition submitted at such 
election. The clerk of the legislative body of such municipal 
corporation so having the greatest population shall present one 
such copy of said record and said statement to such legislative 
bodv without delay, and retain the other to be filed as herein¬ 
after provided. Upon receiving the copy of such record so 


Judges of 
election to 
count the 
ballots. 
Canvass of 
returns. 


Duty of 
clerk. 


354 


CALIFORNIA ELECTION LAWS. 


Declaration 
of result. 
Question 
submitted 
to larger 
city. 


When 

majority 

favor. 

Filed with 
secretary of 
state. 


presented such legislative body must then submit to the elec¬ 
tors of such other of the municipal corporations so proposed 
to be consolidated and having the greatest population, the 
question whether such consolidation shall be effected. Such 
question may be so submitted at the next general municipal 
election to be held in such municipal corporation, or it may be 
so submitted prior to such general election, either at a special 
election called therein for that purpose, or at any other special 
municipal election therein, except an election at which the sub¬ 
mission of such question is prohibited by law. Whenever such 
question is submitted at any election in such municipal corpora¬ 
tion, such question shall be stated in the notice of such election 
and on the ballots to be used at such election, and the electors 
shall vote thereon, in the same manner as hereinbefore provided 
in the 'case of the election mentioned in section two of this 
act. And whenever such question is submitted at any such 
municipal election, general or special, as provided in this sec¬ 
tion, it shall be submitted and voted upon as other questions 
are required by law to be submitted and voted upon at such 
elections, except in particulars otherwise in this act set forth : 
and the laws applicable to and governing the time and manner 
of giving notice, conducting, holding, canvassing the returns, 
and declaring the result of any such election shall apply to and 
govern the submission of such question to the electors of such 
municipal corporation at any such election. 

Sec. 4. Upon completion of canvass of returns. Immediately 
upon the completion of the canvass of the returns of any elec¬ 
tion in the municipal corporation having the greater popula¬ 
tion of two municipal corporations proposed to be 'consolidated, 
at which the question of such consolidation was submitted, as 
provided in section three of this act, the legislative body of such 
municipal corporation having the greater population shall de¬ 
clare the result of such election, and shall cause a record to 
be made and entered upon its minutes, stating the proposition 
submitted, and showing the total number of votes cast in such 
municipal corporation upon the question of such consolidation 
at such election, the number thereof cast in favor of consolida¬ 
tion, and the number thereof cast against consolidation. If it 
shall appear from the canvass of the returns of such election, 
that a majority of the qualified electors of such municipal cor¬ 
poration, voting on the question of such consolidation, are in 
favor thereof, the clerk or other officer performing the duties 
of clerk of the legislative body of such municipal corporation 
shall promptly make and certify under the seal thereof, and 
transmit to the secretary of state, a copy of the record of the 
canvass of the returns of the election in such municipal corpora¬ 
tion having the greater population, at which the question of 
such consolidation was submitted, and entered upon its min¬ 
utes as aforesaid, and one copy theretofore delivered to him as 
aforesaid, of the record of the canvass of the returns of the elec¬ 
tion in the other of the municipal -corporations proposed to be 


MUNICIPAL ANNEXATION ACT 


355 


consolidated, together with a statement showing the date of 
each such election in each such municipal corporation, and the 
time and the result of the canvass of the returns of each in such 
election. Said document shall be filed in his office by the secre¬ 
tary of state immediately upon receipt thereof. Upon the fil- 
ing of said document in the office of secretary of state, such 
consolidation shall be deemed to be complete and such munici¬ 
pal corporation shall be deemed to be consolidated and the one 
of such municipal corporations not having the greatest popula¬ 
tion, shall be deemed to be, and shall be, annexed and joined 
to and merged into the one of said municipal corporations hav¬ 
ing the greatest population. 

Sec. 5. Question of taxation to pay bonded indebtedness. 

Whenever any two municipal corporations are proposed to be 
consolidated, under the provisions of this act, and the one of 
such municipal corporations having the greatest population 
shall have theretofore incurred, or authorized the incurring of, 
any bonded indebtedness for the acquisition, construction or 
completion of any municipal improvement or improvements, 
the petition provided for in section two of this act may con¬ 
tain a request that the question to be submitted to the electors 
of the municipal corporation whose legislative body receives 
such petition shall be, whether such municipal corporations 
shall be consolidated, as hereinbefore in this act provided, 
and the property in the municipal corporation not having the 
greatest population, shall after such consolidation, be subject 
to taxation, equally with the property in such other municipal 
corporation designated in such petition and having the great¬ 
est population, to pay any such bonded indebtedness to be 
specified in said petition, of such other municipal corporation, 
outstanding at the date of such consolidation, or theretofore 
authorized. If such request be made in such petition, pro¬ 
ceedings shall be had thereon and the question of such con¬ 
solidation shall be submitted to the electors in such municipal 
corporation not having the greatest population, the same in 
all respects as upon a petition presented under the provisions 
of section two, excepting that the notice of election shall, in 
addition to the matters required by said section, distinctly 
state that it is proposed that the property in such municipal 
corporation not having the greatest population shall be taxed 
to pay such bonded indebtedness of such other municipal cor¬ 
poration having the greater population so outstanding or 
authorized at the date of such consolidation, equally with the 
property within such other municipal corporation. The said 
notice shall, in addition, distinctly specify the improvement 
or improvements for which such indebtedness was so incurred 
or authorized, and state the amount or amounts of such in¬ 
debtedness already incurred, outstanding at the date of the 
first publication of such notice, and the amount or amounts 
of such indebtedness theretofore authorized, and to be repre¬ 
sented by bonds thereafter to be issued, and the maximum 
rate of interest payable, or to be payable on such indebtedness. 


Notice to 
specify im¬ 
provements. 


356 


CALIFORNIA FLECTION LAWS. 


Canvass 
of returns. 


Should 

two-thirds 

favor. 


Question 
submitted to 
larger city. 


After 

consolidation 

properly 

detaxed. 


The returns of such election held in pursuance of such notice 
shall be canvassed, as provided in section two of this act, by 
the legislative body of the municipal corporation in which 
such election was held, and immediately upon the completion 
of such canvass, such legislative body shall declare the result 
of such election and shall cause a record of such canvass to 
be made and entered upon its minutes, as provided in said 
section two, and there shall be included in such record a 
statement of such bonded indebtedness of the one of the 
municipal corporations proposed to be consolidated having the 
greater population incurred and outstanding, or authorized, 
as set forth in the notice of such election, for the payment of 
which the property in the municipal corporation in which 
such election was held, shall be subject to taxation as set forth 
in the notice of such election. If it shall appear from such 
canvass that two-thirds of all votes cast at such election upon 
the question of such consolidation, are in favor thereof, the 
clerk of such legislative body in which such election was held 
shall forthwith deliver a copy in duplicate of such record and 
statement to the clerk of the legislative body of the other of 
the municipal corporations so proposed to be consolidated, 
and having the greatest population. Thereupon the question 
of such consolidation shall be submitted to the electors of 
such other municipal corporation at an election thefein, and in 
the same manner in all respects as provided in section three 
of this act. And upon the canvass of the returns of such elec¬ 
tion. if it shall appear therefrom, that a majority of the votes 
cast at such election in such other municipal corporation 
having the greater population, upon the question of such con¬ 
solidation, are in favor thereof, the same proceeding shall be 
had as provided in section four of this act, and such con¬ 
solidation shall be deemed to be, and shall be, completed in 
the same manner, and with the same effect as in said section 
provided. After the completion of the consolidation of such 
municipal corporations, as hereinbefore provided, the property 
in the one of such municipal corporations so consolidated, not 
having the greater population, shall thereafter be taxed equally 
with the property in the one of such municipal corporations 
having the greater population and that originally incurred, or 
authorized the incurring of the bonded indebtedness specified 
in the petition for such consolidation. 

Sec. 6. Question of consolidation with more than one city 
may be separately submitted in larger cities. Nothing in this 
act contained shall be construed to prevent the submission to 
the electors of any municipal corporation having a greater 
population than either of the other municipal corporations 
proposed to be consolidated therewith, as separate propositions 
to be voted upon separately at one and the same election in the 
municipal corporation so having the greater population, of the 
questions of the consolidation therewith of two or more such 
other municipal corporations, each of which is contiguous to 


MUNICIPAL ANNEXATION ACT 


357 


such municipal corporation having - the greatest population. 

Whenever, upon proceedings had and taken, and at elections 
called and held in accordance with the provisions of this act, 
the electors of each of two or more such other municipal cor¬ 
porations have voted in favor of the consolidation thereof with 
the same municipal corporation, having the greatest population, 
the legislative body of such municipal corporation must submit 
to the electors thereof, as separate propositions, each to be 
voted upon separately and without regard to any of the others, 
the question whether each such other municipal corporation 
shall be consolidated with such municipal corporation so having 
the greatest population. Such questions may be so submitted 
at the next general municipal election to be held in such munici¬ 
pal corporation, or they may be so submitted prior to such gen- when^^ 
eral election, either at a special election called therein for that election for. 
purpose, or at any other special election therein, except an elec¬ 
tion at which the submission of such questions is prohibited by 
law. The notice of such election shall state, as separate propo- Notice, 
sitions to be submitted at such election, the question of the con¬ 
solidation of each such other municipal corporation, in the 
same manner as hereinbefore provided in the case of the notice 
of an election in such municipal corporation at which the 
question of the consolidation of only one other municipal cor¬ 
poration therewith is submitted; and the question, as to each 
such other municipal corporation, shall be printed upon the 
ballots to be used at such election and the same shall be voted 
upon separately, in like manner as hereinbefore provided in 
the case of the submission of the question of the consolidation 
therewith of one such other municipal corporation. The pro¬ 
visions of this act shall apply to the holding and conducting 
of such election in all respects the same as in the case of an 
election when only one such question is submitted; provided, 
however, that the consolidation of such municipal corporation 
having the greatest population and any other municipal cor- ^3f°Jjf e atlon 
poration or corporations, upon the question or questions of no^affected 
which consolidation a majority of votes cast thereon at such of another, 
election shall have been cast in favor thereof, shall not be 
affected or prejudiced in any manner, in the event that a ma¬ 
jority of the votes cast at such election upon the question or 
questions of the consolidation of such municipal corporation 
having the greatest population and any other municipal cor¬ 
poration or corporations shall have been cast against such con¬ 
solidation. If it shall appear from a canvass of the returns of 
such election, that a majority of the qualified electors of such should^ 
municipal corporation having the greatest population, voting favor, 
separately upon the question of the consolidation of the same 
and anv one or more other municipal corporations are in. favor 
thereof the clerk or other officer performing the duties of 
clerk of the legislative body of such municipal corporation hav¬ 
ing the greatest population shall promptly make and certify, Abstract 
under the seal thereof, and transmit to the Secretary of State, 0 f votes. 


358 


CALIFORNIA ELECTION LAWS. 


Consolidation 
completed 
on filing 
document. 


Disineor- 
poration of 
municipality. 


a copy of the record of the canvass of the returns of the election 
in such municipal corporation having the greatest population 
at which the questions of such consolidations were submitted, 
and entered. upon its minutes as aforesaid, and one of the 
copies, delivered to him as aforesaid, of the record of the can¬ 
vass of the returns in each of the other municipal corporations 
proposed to be consolidated, together with a statement showing 
the date of the elections in such municipal corporations 
and in each such other municipal corporation proposed to be 
consolidated therewith, and the time and result of the canvass 
of the returns of such elections; provided, however, that 
the aforesaid record and statement as to any number of 
such consolidations may be included in one document. Upon 
the filing of said document in the office of the Secretary of 
State, each such consolidation shall be deemed to be, and shall 
be complete, and each municipal corporation so consolidated 
with the municipal corporation having the greatest population, 
shall be deemed to be, and shall be consolidated with, annexed 
and joined to and merged into the one of such municipal cor¬ 
porations having the greatest population. 

Sec. 7. Only one petition for consolidation may be presented 
at one time. Whenever a petition for the consolidation of any 
two municipal corporations has been received by the legis¬ 
lative body of one of them as in section two of this act pro¬ 
vided, no other petition asking for the consolidation of the 
municipal corporation, whose legislative body received such 
petition, to any other municipal corporation shall be presented 
to the legislative body of such municipal corporation, and such 
legislative body shall not submit the question of the consoli¬ 
dation of such municipal corporation to any other municipal 
corporation, until the question of the consolidation of the 
municipal corporation whose legislative body received the pe¬ 
tition first in this section mentioned shall have been submitted 
to the electors residing therein, and a majority of electors vot¬ 
ing upon such question in such municipal corporation, shall 
have voted against such consolidation; or, in the event that a 
majority of the electors of such municipal corporation shall 
have voted in favor of such consolidation, until the question 
of such consolidation shall have been submitted to the electors 
of the one of such municipal corporations having the greater 
population and a majority of the electors of such last men¬ 
tioned municipal corporation voting upon such question, shall 
have voted against such consolidation. 

Sec. 8. Smaller municipal corporations consolidated deemed 
dissolved. Upon the completion of the consolidation, under the 
provisions of this act, of one -or more municipal corporations 
with another municipal corporation having a greater population 
than any of the municipal corporations so consolidated there¬ 
with, each such municipal corporation so consolidated, other 
than the municipal corporation having the greatest population 


MUNICIPAL ANNEXATION ACT 


359 


shall ipso facto be deemed to be and shall be dissolved and 
disincorporated, and any freeholders’ charter thereof shall be 
deemed to be, and shall be surrendered and annulled. In the 
event that the one of any municipal corporations consolidated 
under the provisions of this act, having the greatest population, 
is governed under a freeholders’ charter framed and adopted 
under the authority of the constitution of this state, and the 
other municipal corporation or corporations so consolidated 
therewith, shall be deemed to be, and shall be merged therein 
and shall be thereafter governed in the name of, and under 
the freeholders’ charter of, and as a part of, such municipal 
corporation having the largest population; and in the event 
that the one of any municipal corporations, consolidated under 
the provisions of this act, having the greatest population, shall 
be incorporated and organized as a municipal corporation under 
the general laws of the state providing for the organization, 
incorporation and government of municipal corporations, the 
other municipal corporation or corporations so consolidated 
therewith shall be deemed to be, and shall be, merged therein 
and shall be thereafter governed in the name of, and as a part 
of the municipal corporation having the greatest population, 
which shall continue as a municipal corporation of the class, 
under such laws, to which such municipal corporation so having 
such greatest population belonged at the time of such con¬ 
solidation ; provided, however, that nothing herein contained 
shall be construed to prevent any such consolidated municipal 
corporation, so governed under a freeholders’ charter from 
framing and adopting a new charter, after such consolidation, 
or to prevent any such consolidated municipal corporation so 
governed as a municipal corporation under said general laws, 
from changing its class under such laws or from framing or 
adopting a freeholders’ charter for its government, after such 
consolidation. 

Sec. 9. Larger cities successor of others. Whenever munici¬ 
pal corporations are consolidated under the provisions of this 
act, the one of such municipal corporations having the greatest 
population shall be deemed and taken to be, and shall be the 
successor of each of the other municipal corporations con¬ 
solidated therewith; and the title to any property owned or 
held by each such other municipal corporation, or in trust 
therefor, or by any officer or board thereof, in trust or 
otherwise for public use, shall upon such consolidation being 
completed, as hereinbefore provided, ipso facto be vested in 
the one of such municipal corporations so consolidated having 
the greatest population, or in such officer or board thereof as 
has the power to hold, or control, such property under the free¬ 
holders’ charter or other law under which the one of such 
municipal corporations so consolidated having the greatest 
population was theretofore governed. Upon the completion of 
such consolidation, all persons then occupying or possessing 
the several offices of, or under the government of, each of 


New charter 
may be 
framed. 


Officers of 
smaller 
cities to 
surrender 
occupancy 
of offices. 


360 


CALIFORNIA ELECTION LAWS'. 


Debts, 

demands, etc., 
prior to 
consolidation. 


Ordinances of 
smaller cities 
repealed. 


Cases in 
court 

transferred. 


Repeal not 
to affect 
vested 
rights. 


the several municipal corporations so consolidated, other than 
that of the municipal corporation having the greatest popu¬ 
lation, shall immediately quit and surrender the occupancy or 
possession of such offices, which shall thereupon cease and 
terminate, and they shall severally forthwith deliver all moneys, 
funds, books, papers, archives and records in their custody, and 
all other property of such municipal corporations respectively, 
in their hands, or under their control, to the proper officers of 
such municipal corporation so consolidated having the greatest 
population. 

Sec. 10. Obligations not affected. That any consolidation of 
municipal corporations effected under the provisions of this act 
shall not affect any debts, demands, liabilities or obligations of 
any kind existing in favor of or against any such municipal cor¬ 
porations so consolidated, at the time of such consolidation, or 
any action or proceeding then pending in any court in which 
any such debt, demand, liability or obligation of any kind may be 
involved, or any action or proceeding brought by or against any 
such municipal corporation prior to such consolidation; but all 
such proceedings shall be continued and concluded, by final judg¬ 
ment or otherwise, in all respects the same as if such con¬ 
solidation had not been effected. All ordinances of any munici¬ 
pal corporation consolidated under the provisions of this act, 
except those of the one having the greater or greatest popu¬ 
lation, shall immediately, upon such consolidation being 
effected, be deemed to be repealed and of no further force and 
effect; provided, however, that such repeal shall not operate 
to discharge any person, from any liability, civil or criminal, 
then existing, nor to affect any prosecution then pending for 
any violation of any such ordinances; and all cases then pending 
in any justices’ court, police court or court of any recorder, 
or other judicial municipal magistrate or officer of any of the 
municipal corporations so consolidated, except of the one having 
the greater or greatest population, shall, upon such consoli¬ 
dation being effected, ipso facto be deemed to be and be 
transferred to the justices’ court, police court or court of any 
recorder, or other judicial municipal magistrate or officer of 
the one of such municipal corporations having the greater or 
greatest population which has jurisdiction of proceedings or 
misdemeanors or of other actions civil or criminal of the 
character so transferred; provided, further, that such repeal 
shall not apply to ordinances under which vested rights have 
accrued, or to ordinances relating to proceedings for street or 
other public improvements, or to proceedings for opening, ex¬ 
tending, .widening or straightening streets or other public 
places, or to proceedings for changing the grade thereof, all of 
which proceedings shall be continued and conducted by and 
under the authority of the municipal corporation so con¬ 
solidated having the greater or greatest population, with the 
same force and effect as if continued and conducted by and 
under the authority of the municipal corporation by which 



MUNICIPAL ANNEXATION ACT 


361 


they, were commenced. And all ordinances of the one of the 
municipal corporations consolidated under the provisions of 
this act having the greater or greatest population, shall, upon 
the completion of such consolidation, ipso facto have full 
force and effect in and throughout the consolidated municipal 
corporations. 

Sec. 11. Taxation to pay indebtedness only according to 
Sec. 5. That no property in any of the municipal corporations 
consolidated under the provisions of this act shall ever be 
taxed to pay any portion of any indebtedness or liability of 
any of the other such municipal corporations, contracted or 
incurred prior to or existing at the time of such consolidation, 
unless the proceedings for such consolidation shall have been 
had in accordance with the provisions of section five of this 
act, in which event the property in such municipal corporations 
shall be taxed as provided in said section. The legislative body 
of the one of the municipal corporations consolidated under the 
provisions of this act, having the greater or greatest popu¬ 
lation, shall provide for the payment of the indebtedness or 
liability of each of the other municipal corporations consoli¬ 
dated therewith, and shall levy and collect the necessary taxes 
therefor, and for that purpose, and for all other purposes, such 
greater or greatest in population of any municipal corporations 
consolidated under the provisions of this act, and its officers, 
shall be deemed the successor and successors of such other 
municipal corporations so consolidated therewith and their 
respective officers. 

Sec. 12. Borough—government, How may be established. In 

the event that the greater or greatest in population of any munici¬ 
pal corporations, consolidated under the provisions of this act, 
shall be operating under a freeholders’ charter, which charter 
shall at any time provide that a borough or boroughs may be 
established in any territory, or incorporated city or town, an¬ 
nexed to or joined to or consolidated with such municipal cor¬ 
poration, nothing in this act contained shall prevent or be 
construed to prevent any other municipal corporation, or any 
portion thereof so consolidated with the municipal corporation 
so operating under such freeholders’ charter, from becoming a 
borough under such freeholders’ charter, to be established and 
governed as therein provided. 

Sec. 13. Expenses of proceedings. All proper expenses of 
proceedings for the consolidation of municipal corporations 
under this act, shall, if such consolidation be made and com¬ 
pleted, be paid by the consolidated municipal corporation; and 
if such consolidation be not completed, each municipal corpo¬ 
ration shall pay the expenses of calling and holding any 
election within such corporation at which the question of such 
consolidation was submitted. 

Sec. 14. Act of 1899 not affected. This act shall in no wise 
affect an act entitled “An act to provide for the annexation of 


Ordinances 
of larger 
city have 
full force. 


Property, 
when not to 
he taxed to 
pay portion 
of indebted¬ 
ness. 


Indebtedness 
of smaller 
cities. 


Freeholders’ 

charter. 


Costs of con¬ 
solidation, 
how paid. 


Acts, not 
affected. 


Title of Act. 


Petition for 
removal. 


Signatures 
may not all 
be appended 
to one 
paper. 


302 CALIFORNIA ELECTION LAWS. 

municipal corporations,” approved March 11, 1899, or acts 
amendatory to said act, and this act shall not apply to pro¬ 
ceedings had or taken thereunder, but is intended to and does 
provide an alternative method for the consolidation of municipal 
corporations. When any proceedings for the consolidation of 
municipal corporations are commenced under this act, the 
provisions of this act, and of such amendments thereof as may 
hereafter be adopted, and none other, shall apply to such pro¬ 
ceedings. This act may be designated and referred to as the 
“Municipal Annexation Act of 1913.” 


RECALL OF ELECTIVE OFFICERS. 

An Act to provide for the recall of elective officers of incorporated 
cities and towns. 

(Approved January 2, 1912.) 

Section 1. Recall of officers of municipal corporation. The 

holder of any elective office of any incorporated city or town 
may be removed or recalled at any time by the electors; pro¬ 
vided, he has held his office at least six months. The provisions 
of this statute are intended to apply to officials now in office, 
as well as to those hereafter elected. The procedure to effect 
such removal or recall shall be as follows: A petition demand¬ 
ing the election of a successor to the person sought to be re¬ 
moved shall be filed with the clerk of the legislative body of 
such city or town, which petition shall be signed by qualified 
voters equal in number to at least twenty-five per cent of the 
entire vote cast within such city or town for all candidates 
for the office which the incumbent sought to be removed 
occupies, at the last preceding regular municipal election at 
which such officer was voted for (or a like percentage of such 
vote within those precincts of the city or town embraced 
within the ward or subdivision of the city or town entitled to 
vote for a successor to the officer named, in case of an official 
not elected by the city or town at large), and shall contain a 
statement of the grounds on which the removal or recall is 
sought, which statement is intended solely for the information 
of the electors. Any insufficiency of form or substance in 
such statement shall in nowise affect the validity of the elec¬ 
tion and proceedings held thereunder. The signatures to the 
petition need not all be appended to one paper. Each signer 
shall add to his signature his place of residence and occupation, 
giving street and number, where such street and number, or 
either, exist, and if no street or number exist, then such a 
designation of the place of residence as will enable the location 
to be readily ascertained. Each such separate paper shall 
have attached thereto an affidavit made by a qualified elector 
of the city or town (or particular subdivision thereof as the 



RECALL OF ELECTIVE OFFICERS 


363 


case may be) and sworn to before an officer competent to 
administer oaths, stating that the affiant circulated that par¬ 
ticular paper and saw written the signatures appended thereto; 
and that according to the best information and belief of the 
affiant, each is the genuine signature of the person whose 
name purports to be thereunto subscribed, and of a qualified 
elector of the city or town (or particular subdivision thereof). 
Within ten days from the date of filing such petition, the clerk 
shall examine and from the records of registration ascertain 
whether or not said petition is signed by the requisite number 
of qualified voters, and he shall attach to said petition his cer¬ 
tificate showing the result of said examination. If by the clerk’s 
certificate the petition is shown to be insufficient, it may be 
supplemented within ten days from the date of such certificate, 
by the filing of additional papers, duplicate of the original 
petition except as to the names signed. The clerk shall, within 
ten days after such supplementing papers are filed, make like 
examination of the supplementing petition, and if his certificate 
shall show that all the names to such petition, including the 
supplemental papers, are still insufficient, no action shall be 
taken thereon; but the petition shall remain on file as a public 
record; and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely new petition 
to the same efifect. If required by the clerk, the legislative body 
of said city or town, shall authorize him to employ, and shall 
provide for the compensation to be paid, persons necessary in 
the examination of said petition and supplementing petition, 
all in addition to the persons regularly employed by him in his 
office. In case the clerk is the officer sought to be recalled, 
the duties herein provided to be performed by him shall be 
performed by some other person designated by said legislative 
body for that purpose. If the petition shall be found to be 
sufficient, the clerk shall submit the same to the legislative 
body of the city or town without delay, whereupon, that body 
shall forthwith cause a special election to be held within not 
less than thirty-five nor more than forty days after the date 
of the order calling such election, to determine whether the vot¬ 
ers will recall such officer; provided, that if a regular municipal 
election is to occur within sixty days from the date of the 
order calling such election, the legislative body of the city or 
town may, in its discretion, postpone the holding of such elec¬ 
tion to such regular municipal election or submit such recall 
election at any such election occurring not less than thirty-five 
days after such order. If a vacancy occur in said office after 
a recall petition is filed, the election shall nevertheless proceed 
as in this section provided. One petition is sufficient to. pro¬ 
pose the removal and election of one or more elective officials. 
One election is competent for the removal and election of 
one or more elective officials. Nominations for any office under 
such recall election shall be made by petition in the manner 
prescribed by section 1188 of the Political Code; except that 


Examination 
of registra¬ 
tion by 
clerk. 


Supplemental 

petition. 


Special 
election, 
when to 
be held. 


364 


CALIFORNIA ELECTION LAWS'. 


no party affiliation of candidate, signer or verification deputy 
shall be given, nor shall the election as a convention delegate 
or participation in a primary election be any bar to signing 
such petition. Upon the sample ballot there shall be printed 
in not more than two hundred words, the reasons set forth in 
the recall petition for demanding the recall of the officer, 
and upon the same ballot in not more than two hundred words, 
the officer may justify his course in office. There shall be 
printed on the recall ballot, as to every officer whose recall is 
to be voted on thereat, the following question: “Shall (name 
of person against whom the recall petition is filed) be recalled 
from the office of (title of the office) ?” following which ques¬ 
tion shall be the words “Yes” and “No” on separate lines, with 
a blank space at the right of each, in which the voter shall 
indicate by stamping a cross (X) his vote for or against such 
recall. On such ballots, under each such question, there shall 
also be printed the names of those persons who have been 
nominated as candidates to succeed the person recalled,, in case 
he shall be removed from office by said recall election; but 
no vote shall be counted for any candidate for said office, un¬ 
less the voter also voted on said question of the recall of the 
person sought to be recalled from said office. The name of 
the person against whom the petition is filed shall not appear 
on the ballot as a candidate for the office. If a majority of 
those voting on said question of the recall of any incumbent 
from office shall vote “No,” said incumbent shall continue in 
said office. If a majority shall-vote “Yes,” said incumbent 
shall thereupon be deemed removed from such office, upon the 
qualification of his successor. The canvassers shall canvass 
all votes for candidates for said office and declare the result in 
like manner as in a regular election. If the vote at any such 
recall election shall recall the officer, then the candidate who 
has received the highest number of votes for the office shall 
be thereby declared elected for the remainder of the term. In 
case the person who received the highest number of votes 
shall fail to qualify within ten days after receiving his cer¬ 
tificate of election, the office shall be deemed vacant and shall 
be filled according to law. 

Sec. 2. Application of act to chartered cities. This act is 
not intended to apply to those cities having a freeholders’ char¬ 
ter, adopted under the provisions of section 8 of article XI of 
the constitution, and having in such charter provision for the 
recall of elective officials by the electors. 

Sec. 3. Repeal of former law. Section one (1) of an act 
entitled “An act adding three new sections to an act entitled 
‘An act to provide for the organization, incorporation and 
government of municipal corporations,’ approved March 13, 
1883, to be numbered 10, 11 and 12 and relating to the govern¬ 
ment of municipal corporations and providing for the recall, 
initiative and referendum,” and approved March 14th, 1911, 
is hereby repealed. 


SUPPLEMENTAL INDEX 

TO 

PUBLIC UTILITY DISTRICTS. 


PUBLIC UTILITIES. 


LOCAL OPTION. 
(Page 365 to Page 391.) 





SUPPLEMENTAL INDEX TO 
PUBLIC UTILITY DISTRICTS. 


PUBLIC UTILITIES. 


LOCAL OPTION. 


(Page 365 to Page 391.) 

PUBLIC UTILITY DISTRICTS Page 

Abstract of votes on organization, when transmitted, Sec. 9.367 

Act, defined, Sec. 30 .375 

Intention of, Sec. 32 . 376 

Not to repeal other acts, Sec. 33.376 

Action against district, manner of procedure, Sec. 29.375 

Apportionment of costs of election, Sec. 7.366 

Approval of ordinance by other cities, Sec. 4.365 

Auditor of district, duty of, Sec. 17 .370 

Ballot, sample, Sec. 28 .:.375 

To recall, form of, number of words allowed, Sec. 28.375 

Organize district, what to contain, Sec. 7.366 

Basis of percentage of registered voters, Sec. 13.369 

Board of directors, members of, Sec. 13.:.369 

How chosen, Sec. 13 ...369 

Regular meeting of, Sec. 16..370 

Bonds, form of, sale and payment of, Sec. 20.371 

To be exempt from taxation, Sec. 21 .372 

Validity, action to determine, Sec. 22.372 

Canvass of returns for bonded indebtedness, Sec. 19.371 

Votes on organization, Sec. 7.,.367 

Certificate of result on organization, Sec. 8...367 

Organization, issued by Secretary of State, Sec. 10.367 

Commissioners, duty of, Sec. 17.370 

Of district, compensation of, Sec. 15.370 

Number of and power of, Sec. 15.370 

Commodities furnished by district, charges for, Secs. 23-26.373-4 

Date of election for organization, Sec. 7.366 

District, power to control, Sec. 12 .368 

Election for bonded indebtedness, cost of, how paid, Sec. 19.371 

Recall of officers, when called and how conducted, Sec. 28.-374 

To incur bonded indebtedness, Sec. 18.370 

How conducted, and when 

held, Sec. 19 .371 

Organize district, how conducted, where and when to be 

held, Sec. 6-7 .366 

Funds of district, custody of, Sec. 17.370 

May include incorporated and unincorporated territory Sec. 1.365 

Meeting to incorporate district, when held, Sec. 14 .369 

Money used, how contributed, Sec. 7.366 

Notice of election to incur bonded indebtedness, Sec. 18.370 

Publication of, 

Sec. 19 .371 

To other cities of passage of ordinance, duty of clerk, Sec. 5.366 

Of ordinance, to whom to be mailed, when, duty of county 

clerk, Sec. 3 .365 

Officers, recall of, Sec. 28 .374 

Ordinance, when to approve or disapprove, Sec. 4.365 

















































SUPPLEMENTAL INDEX TO 

PUBLIC UTILITY DISTRICTS—Continued. Pago 

Organization of, procedure for, board may pass ordinance, Sec. 2 .365 

Petition for recall of officers, Sec. 28 . 374 

Sections of, Sec. 28 . 374 

Powers of district, Sec. 12 . 368 

Procedure for organization, Sec. 2.365 

Property exempt from taxation, Sec. 27. 374 

Recall of officers, Sec. 28 . 374 

Secretary to examine registration of polls, Sec. 28.-. 375 

What district may control, Sec. 12 .368 

What territory may include, Sec. 1 .365 


PUBLIC UTILITIES. 

(Page 376 to Page 384.) 

Act, defined, Sec. 2-3 .377 

Ballot, on question to retain control, how called, and when held, Sec. 5....379 

Form of, Sec. 6 .;.379 

Surrender powers of control, form of, Sec. 8.382 

Canvass of returns, Secs. 7-8-9 .380 & 382-3 

Clerk to examine petitions, Sec. 4 .378 

Registration of voters, when, Sec. 4.378 

Clerk’s certificate of examination, Sec. 4.:378 

Copy of ordinance, duty of clerk to post, Sec. 5.^.379 

Copies of order to be filed by clerk or registrar, with whom, 

Sec. 7-8-9, ...381-2-3 

Control, municipal power over, Sec. 1...376 

Definition of act, Sec. 2 .377 

Elections, on question to retain control, Sec. 4.377 

How called, and when held, 

Sec. 5 .379 

How conducted, Sec.' 5 .379 

Limitations on holding of, Sec. 10 .384 

To reinvest with powers of control, how conducted, Sec. 9.383 

Surrender powers of control, how conducted, Sec. 8.381 

' When called, Sec. 8 .381 

Elections, under act, conformity of general laws to, Sec. 11.384 

Instructions to voters, Secs. 6 & 8-9 .380 & 382-3 

Municipal power of control over, Sec. 1.’.376 

Ordinance, how and when to be published, Sec. 5.379 

Petition on question to retain control, affidavit to pay taxes, Sec. 4.377 

Number of signers, Sec. 4.377 

Sections of, how fastened, 

Sec. 4 .378 

Supplemental procedure on, 

JSec. 4 .378 

Time of filing, duty of clerk, 

Sec. 4 .378 

Proposition voted on to retain control, Sec. 6.379 

Public utilities, defined as relating to act, Sec. 3 .377 

Railroad commissioners, surrendering power over to, Sec. 1.377 

Registrar of voters, duty of, Sec. 4.378 

Question to retain control, how submitted, Sec. 4.377 

Voting, manner of, Secs. 6 & 8-9 .380 & 382-3 

a 

LOCAL OPTION. 

(Page 385 to Page 391.) 

Act, defined, Sec. 21 .391 

Violation of, penalty, Sec. 19 .390 

Alcoholic liquors, defined, Sec. 21.391 

Ballot, form of, Sec. 8.;'37 

Contest of elections, manner of procedure, Sec. 9.387 




















































SUPPLEMENTAL INDEX TO 

LOCAL OPTION—Continued. Pago 

Election, how conducted and when called, Secs. 4 & 5.386 


Special, not to be held oftener than once in two years, 


Sec. 6 .... 

To establish license territory, Sec. 11.. 

When question is to be submitted at general, Sec. 6..... 

Examination of petition by clerk, Sec. 4. 

Registration of voters by clerk, Sec. 4.. 

Instructions to voters, Sec. 8 .. 

Insufficiency of signers to petition, procedure on, Sec. 4.. 

License question, when to go on general ballot, duty of board of 

supervisors, Sec. 7 .'... 

Licenses, to whom issued, in no-license territory, Sec. 12. 

No-license territory, when established, Sec. 10... 

Nuisances in no-license territory, what are, duty of sheriff, Sec. 20.... 

Penalty for violation, Sec. 19 . 

Petition, form of, Sec. 2. 

Number of signatures required, Sec. 1 & 2. 

Signers of, what to state, Sec. 3 .....'.... 

Requirements of signers, to validate, Secs. 3 & 4. 

With whom filed, Sec. 4. 

Pharmacists, to file monthly statement with county clerk, Sec. 18.. 

Physicians, duty of, penalty for violations of, Sec. 17. 

Provisions governing elections, Sec. 5 . 

Police power, Sec.- 22.... 

Question may be submitted at general election, Sec. 6. 

Statements of liquor sold, falsefying or failure to file, a misdemeanor, 

Sec. 18 . 


387 

.388 

.386 

.386 

.386 

.387 

.386 

.387 

.388 

.387 

.391 

.390 

.385 

.385 

.386 

.386 

.386 

.390 

.390 

.386 

.391 

.386 

.390 


How long to be kept om file b} r county 

clerk, Sec. 18 ...390 

What to show, with whom filed, Sec. 18.390 

Unlawful, what acts are, Secs. 13-17 .388-390 

Not, Secs. 16-17 .389-390 

Violation of act, penalty for, Sec. 19...390 

Voting, manner of, Sec. 8 ...387 
































365 


PUBLIC UTILITY DISTRICTS. 

An Act to provide for the incorporation and organization of public utility 
districts, authorizing such districts to incur bonded indebtedness for the 
purpose of the construction of works and the acquisition of property, 
and to levy and collect taxes to pay the principal and interest on bonds 
and for carrying on their operations, and providing for the powers, 
management and government of such districts. 

(Approved June 5, 1913; in effect August 10, 1913.) 

Section 1. Organization of public utility districts. A public 
utility district may be organized, incorporated and managed 
as herein provided, and may exercise the powers herein ex¬ 
pressly granted, or reasonably implied therefrom. Such a 
district may include municipalities only or both incorporated 
and unincorporated territory, whether such municipalities or 
such territory are in the same or in different counties, but no 
municipal corporation shall be divided in the formation of 
such a district. 

Sec. 2. Ordinance to recite. When any municipality in the 
State of California desires to organize such a public utility 
district as herein provided for, the legislative body of such 
municipal corporation at any regular meeting of such body 
may pass an ordinance reciting: 

1. The name of the city adopting the ordinance. 

2. That the public interest requires the incorporation of a 
public utility district. 

3. The boundaries of the proposed district, and the names 
of the municipalities included within the proposed district. 
If such proposed district includes only municipalities, it shall 
be sufficient to state the names thereof without further setting 
forth the boundaries of the district. 

4. The name of the district which shall include the words 
“public utility district.” 

5. An estimate of the preliminary costs and expenses of 
organizing the proposed district, and a proposed apportion¬ 
ment of the aggregate of such costs and expenses among the 
municipalities to be included within the district. 

Sec. 3. Notice of ordinance to be mailed to other cities. 
Within ten days after such ordinance becomes a law, the clerk 
of the said legislative body adopting the same, shall transmit 
by registered mail a certified copy thereof to the legislative 
body of the other municipalities named therein, addressed to 
the clerk thereof, and also to the Board of Supervisors of any 
county, unincorporated territory of which is proposed to be 
included within such district, addressed to the clerk thereof. 

Sec. 4. Approval of ordinance by other cities. Within forty 
days after the receipt of such certified copy of such ordinance 
by any municipality named therein, or by any Board of 
Supervisors of any county, unincorporated territory of which 
is proposed to be included in such district, the legislative body 
of such municipality and the Board of Supervisors of such 
county shall, by ordinance, either approve or disapprove the 


May include 
incorporated 
and unincor¬ 
porated 
territory. 


Procedure for 
organizing. 


Duty of 
Clerk. 


366 


CALIFORNIA ELECTION LAWS'. 


Election, to be 
held in each 
of the 

municipalities 

approving. 


When held. 


Apportion¬ 
ment of cost. 


Ballot, what 
to contain. 


said ordinance without alteration or amendment. A failure 
on the part of any municipality or of any Board of Supervisors 
of any county to act as herein provided, shall be deemed a 
refusal to approve such ordinance. 

Sec. 5. Notice to other cities initiating. After the passage and 
going into effect of said ordinance required to be passed by 
section 4 hereof, the clerk of the municipality or of the Board 
of Supervisors acting thereon, shall forthwith forward a cer¬ 
tified copy of such ordinance to the municipality initiating the 
proceedings. 

Sec. 6. Special election. Within thirty days after the re¬ 
ceipt of all of said ordinances, if it shall appear that said 
initiatory ordinance has been approved by all of the munici¬ 
palities named therein and by all such Boards of Super¬ 
visors, the legislative body of the municipality initiating the 
proceedings shall fix a day for holding a special election in 
each of the municipalities that have approved of said ordinance 
and in the unincorporated territory proposed to be included 
in such district, at which shall be submitted to the electors 
thereof the proposition of organizing such public utility dis¬ 
trict, and shall also provide for holding a similar election within 
its own municipality. In case the initiatory ordinance has not 
been approved by all of the municipalities and by all of the 
Boards of Supervisors no further proceedings shall be had but 
new proceedings may be taken as provided in section 2 hereof. 

Sec. 7. Date of election. The date for such special election 
shall be certified to all of the municipalities and Boards of 
Supervisors which have adopted the ordinance herein provided 
for. and the legislative body of each such municipality and 
each of the Boards of Supervisors which have approved said 
ordinance, shall call and provide for the holding of a special 
election in their respective municipalities, and in the unincor¬ 
porated territory, on the day so fixed, and such an election 
shall be held and conducted in the manner and form required 
by law for the holding of special elections within such munici¬ 
palities and counties, respectively. The election in the unincor¬ 
porated territory proposed to be included in such district shall 
be confined to the limits thereof. Prior to the holding of said 
election the municipalities named in such ordinance shall pay to 
the municipality initiating such proceedings, the amount appor¬ 
tioned to it for preliminarv costs and expenses by the ordi¬ 
nance provided for in section 2 hereof. The cost of holding 
such election shall be paid by the municipality initiating such 
proceedings from moneys received as herein provided. Each 
municipality contributing money as herein provided, shall be 
entitled to credit with the district for the amount of its con¬ 
tribution. The ballot used at such election shall contain the 
words “Proposition to organize a public utility district,” or 
words of similar purport, and the words “Yes” and “No” so 
placed that a voter may indicate his wish in this connection 


PUBLIC UTILITY DISTRICTS 


367 


as either in favor of or against said proposition. Such ballots 
shall be counted and returns thereof made by the boards 
selected to conduct such election in the time, form and manner 
as required by law for the holding of special elections within 
the municipalities and counties respectively in which held, 
and shall be canvassed and the result thereof declared and 
determined by the board or officers charged with such duties 
within the municipalities and counties respectively holding the 
elections. 

Sec. 8. Certificate of results. Within ten days after the 
canvass of votes cast at such election, the board or officers 
canvassing the same shall certify the result thereof to the 
legislative body of the municipality initiating the proceedings. 

Sec. 9. Certificate, when sent to Secretary of State. Within 
thirty days after the receipt of the certificates showing the re¬ 
sult of the election held in the several municipalities and in un¬ 
incorporated territory, if it appears therefrom that the propo¬ 
sition submitted has been approved by a majority of the votes 
cast thereon in each municipality wherein such election is held, 
and in the unincorporated territory in each county wherein 
such an election is held, the legislative body of the munici¬ 
pality receiving such certificates shall certify to the Secretary 
of State the passage of the ordinance provided for in section 
2 hereof, its subsequent approval by the several municipalities 
and Boards of Supervisors approving the same in the manner 
aforesaid, and the result of the election held as herein pro¬ 
vided. 

Sec. 10. Secretary of State to issue certificate of organization. 

Upon the receipt of the certificate mentioned in the foregoing 
section, the Secretary of State shall, within ten days, issue his 
certificate reciting that the public utility district (naming it) 
has been duly incorporated according to the laws of the 
State of California, and that such district is composed of the 

municipalities of.(naming all the municipalities 

which have approved at the election such organization), and of 
unincorporated territory (describing the same). A copy of such 
certificate shall be transmitted to each of the. municipalities 
comprising such district and to the Board or Boards of Super¬ 
visors of the county or counties, unincorporated territory of 
which is included in such district. From and after the date of 
such certificate, the district named therein shall be deemed 
incorporated as a public utility district with all the rights, 
privileges and powers set forth in this act and reasonably or 
necessarily incident thereto. 

Sec. 11. Information in conduct of election, not to invalidate. 

No informality in any proceedings, or informality in the con¬ 
duct of any election, not substantially affecting adversely the 
legal rights of any citizen shall be held to invalidate the 
incorporation of any public utility district and any proceedings 
wherein the validity of such incorporation is denied or ques- 


Canvass of 
votes. 


Abstract of 
votes, when 
transmitted. 


Copies. 



368 


CALIFORNIA ELECTION LAWS. 


What district 
may control. 


Right of 
eminent 
domain. 


Works 
on streets. 


Borrow 

money. 


tioned shall be commenced within three months from the date 
of the certificate of incorporation, otherwise said incorporation 
and the legal existence of said public utility district and all 
proceedings in respect thereto, shall be held to be valid and 
in every respect legal and incontestible. 

Sec. 12. Powers of district. Any public utility district in¬ 
corporated as herein provided, shall have power: 

1. To have perpetual succession. 

2. To sue and be sued except as otherwise provided herein, 
or by law, in all actions and proceedings in all courts and 
tribunals of competent jurisdiction. 

3. To adopt a seal and alter it at pleasure. 

4. To take by grant, purchase, gift, devise or lease, hold, 
enjoy and to lease or dispose of real and personal property of 
every kind within or without the district necessary to the full 
or convenient exercise of its powers. 

5. To acquire, construct, own, operate, control or use within 
or without, or partly within and partly without, the district, 
works for supplying the inhabitants of said district with light, 
water, power, heat, transportation, telephone service or other 
means of communication, or for the disposition of garbage, 
sewage, storm water or refuse matter, or parks, and do all 
things necessary or convenient to the full exercise of the 
powers herein granted. 

6. To have and exercise the right of eminent domain and 
in the manner provided by law for the condemnation of private 
property for public use, to take any property necessary or con¬ 
venient to the exercise of the powers herein granted, whether 
such property be already devoted to the same use or otherwise. 
In proceedings relative to the exercise of such right the dis¬ 
trict shall have the same rights, powers and privileges as a 
municipal corporation. 

7. To construct works across or along any street or public 
highway, or over any of the lands which are now or may be 
the property of this state, and to have the same rights and 
privileges appertaining thereto as have been or may be 
granted to the municipalities within the state. To construct 
its works across any stream of water or water course. The 
district shall restore any such street or highway to its former 
state as near as may be and shall not use the same in a 
manner to unnecessarily impair its usefulness. 

8. To borrow money and incur indebtedness and to issue 
bonds or other evidences of such indebtedness; also to refund 
or retire any indebtedness or lien that may exist against the 
district or property thereof; provided, however, the incurring 
of any indebtedness or liability shall be subject to the pro¬ 
visions of section 18, of article XI of the constitution; and pro¬ 
vided, further, no district shall incur any indebtedness which 
shall in the aggregate exceed fifteen (15) per cent of the 
assessed value of all real and personal property included within 
the district. 


PUBLIC UTILITY DISTRICTS 


369 


9. To levy and collect, or to cause to be levied and collected, 
taxes for the purpose of carrying on the operations and pay¬ 
ing the obligations of the district. 

10. To make contracts, to employ labor and to do all acts 
necessary or convenient for the full exercise of the powers 
herein in this act granted. 

Sec. 13. Board of Directors, shall be composed of. The 

powers herein enumerated shall, except as herein otherwise 
provided, be exercised by a board to be known as the Board 
of Directors of the named public utility district. Such board 
shall be composed as follows: 

1. The mayor, or if there be no mayor then the president 
or chairman of the Board of Trustees or other governing body 
of each municipality comprising the district, and the chairman 
of the Board of Supervisors of the county, unincorporated 
territory of which is included within the district, shall be ex 
officio a member of said board. 

2. Each municipality having at least five .thousand legal 
and registered voters shall choose by and from the members 
of its legislative body, one additional director and each munici¬ 
pality for each and every ten thousand legal and registered 
voters over five thousand, shall choose by and from the mem¬ 
bers of its legislative body one additional director, all of 
whom shall serve during the pleasure of the body making the 
appointment; provided, that if any such member does not 
desire to serve as such director, said legislative body may 
choose any other person who is an elector and resident of such 
municipality; and provided, further, that if the number of the 
members of any such legislative body be less than the number 
of directors such municipality may be entitled to, then such 
legislative body may choose directors from ^the qualified 
electors of the municipality. When the unincorporated terri¬ 
tory of any county included within the district shall have at 
least five thousand legal and registered voters the Board of 
Supervisors of such county shall choose by and from the 
members thereof one additional director, and for each and 
every ten thousand legal and registered voters over five thous¬ 
and shall choose by and from its members one additional di¬ 
rector, all of whom shall serve during the pleasure of the body 
making the appointment; provided, that if any such member 
does not desire to serve as such director said body may choose 
any other person who is an elector and resident of such unin¬ 
corporated territory included within such district. The num¬ 
ber of legal and registered voters in each municipality on the 
first day of November, 1912, and every two years thereafter, 
shall be taken as the basis for determining the representation 
of such municipality in the Board of Directors. The same shall 
hold true in determining the representation of unincorporated 
territory in such Board of Directors. 

Sec. 14. First meeting. The legislative body of the munici¬ 
pality initiating the proceedings for incorporating the district 


Levy taxes. 


Employ 

labor. 


Members of 
Board of 
Directors. 


Additional 

directors. 


How chosen. 


370 


CALIFORNIA ELECTION LAWS. 


Powers. 


Depositaries 
of funds. 


shall fix a time and place for the first meeting of the board of 
directors, which shall be within thirty days from the date of the 
incorporation of the district. 

Sec. 15. Commissioners of district, shall constitute. At such 
meeting of the directors or at such times to which the proceed¬ 
ings may be continued, the board of directors shall choose three 
commissioners who shall constitute the commissioners of the 
named public utility district, but no director shall be eligible 
to appointment to such commission. The said commissioners 
shall have the power to make and enter into all contracts, ap¬ 
point a secretary, who may be a member of the commission, 
and such other assistants and employees as may be necessary 
for the exercise of the powers of the district, to fix their com¬ 
pensation, prescribe their duties and remove any appointee at 
pleasure, and to generally manage its affairs, subject to such 
restrictions as the board of directors may impose. The com¬ 
missioners shall receive such compensation as the board of 
directors shall determine and shall serve during its pleasure. 

Sec. 16. President, secretary and expenses of board. The 
board shall elect one of its number president, adopt rules of pro¬ 
cedure and fix a time and place for holding regular meetings. 
The secretary of the commission shall act as secretary of the 
board of directors. The directors shall receive for each day’s 
attendance at the meetings of the board their necessary ex¬ 
penses of attending the meeting and shall receive no other 
compensation. 

Sec. 17. President, auditor, etc., of commissioners. The com¬ 
missioners shall elect one of its members president, who shall 
sign all contracts on behalf of the district and perform such 
other duties as may be imposed by the commissioners or the 
board of directors. They shall appoint an auditor, who shall 
not be a member of the board of directors, and who shall be 
charged with the duty of installing and maintaining a system 
of auditing and accounting that shall completely and at all times 
show the financial condition of the district. He shall draw war¬ 
rants to pay demands made against the district when such de¬ 
mands have been first approved by at least two of the com¬ 
missioners. The commissioners shall also designate a depos¬ 
itary or depositaries to have the custody of the funds of the 
district, all of which depositaries shall give security sufficient 
to secure the district against possible loss, and who shall pay 
the warrants drawn by the auditor for demands against the 
district under such rules as the directors may prescribe. 

Sec. 18. Bonds. Whenever the board of directors deem it 
necessary for the district to incur a bonded indebtedness it 
shall, by resolution, so declare and state the purpose for which 
the proposed debt is to be incurred and the amount thereof, 
and it shall direct the commissioners to take, or cause to be 
taken, such proceedings as may be necessary to incur such debt 
and in the manner herein provided. 


PUBLIC UTILITY DISTRICTS. 


371 


Sec. 19. Resolution as to bond. The commissioners shall 
adopt a resolution reciting the adoption of the resolution men¬ 
tioned in the foregoing section, state the proposition to be sub¬ 
mitted to the electors, the amount of debt proposed to be in¬ 
curred, the maximum term the bonds proposed to be issued 
shall run before maturity, which shall not exceed forty years, 
and the maximum rate of interest to be paid, which shall not 
exceed six per cent per annum. They shall fix a date upon 
which an election shall be held for the purpose of authorizing 
said bonded indebtedness to be incurred, and shall transmit a 
certified copy of the resolution fixing such date to the officers 
or board having charge of the conduct of elections of each 
municipality comprising the district and to the board of super¬ 
visors of any county, unincorporated territory of which is in¬ 
cluded within the district. It shall be the duty of such board 
or officers in each municipality and in each county, to provide 
for holding such special election on the day so fixed and in the 
manner and form as special elections are held and conducted 
within the municipality and county respectively. Such board 
or officers shall give notice of the holding of such election, 
which notice shall contain the resolution adopted by the com¬ 
missioners of the public utility district, the location of polling 
places and the names of the officers selected to conduct the 
election, which shall consist of one judge, one inspector and 
two clerks. Such notice shall be published for two insertions, 
once a week, for two successive weeks, in a newspaper of gen¬ 
eral circulation published in each municipality, or if there is 
no newspaper printed in such municipality then by posting 
such notice in three public places therein. The Board of Super¬ 
visors shall also cause such notice to be published in a like 
manner in a paper in which the official printing is done. All 
the expenses of holding such election shall be borne by the 
district and shall be paid or credited to each city and county 
upon the filing of a verified claim therefor, with the secretary 
of the commission. The returns of such election shall be 
made, the votes canvassed and the results thereof ascertained and 
declared as in the case of other special elections within such 
municipalities and counties respectively. The board or officers 
declaring the result of such election shall certify such re¬ 
sult to the commissioners of the district. No irregularities 
or informalities in conducting such election shall invalidate 
the same if the election shall have otherwise been fairly 
conducted. In all respects not otherwise provided for herein, 
said election shall be called, managed and directed as is by 
law provided for special elections in the municipality and county 
respectively in which such election is to be held. 

Sec. 20. Two-thirds vote necessary. If from such returns 
it appears that two-thirds or more of the votes cast at such 
election were in favor of and assented to the incurring of such 
indebtedness, then the commissioners may, by resolution, at 
such time or times as they may deem proper, provide for the 


Election au¬ 
thorizing 
bonded 
indebtedness. 


Notice of 
election. 


Publication 
of notice. 


Expenses of 
election. 


Canvass of 
returns. 


Bonds to 
oe sold 
at par. 


Jurisdiction. 


To appeal. 


Consolidation 
of actions. 


Rules of 
pleading. 


372 


CALIFORNIA ELECTION LAWS. 


form of such bonds and for the issuance of the whole or any 
part thereof, and may sell or dispose of the bonds so issued at 
such times or in such manner as they may deem to the public 
interest, but no bonds shall be sold for less than their par 
value. The proceeds of such bonds shall be applied exclusively 
to the purposes and objects mentioned in the resolution of the 
commissioners calling the election. It shall be competent for 
the commissioners in the resolution herein provided for, to 
provide for the payment of said bonds and interest thereon at 
any place or places designated in the bonds. 

Sec. 21. Bonds exempt from taxation. Any bonds issued 
by any district are hereby given the same force, value and use 
as bonds issued by any municipality and shall be exempt from 
all taxation within the State of California. 

Sec. 22. Action to determine validity. The Board of Di¬ 
rectors may at any time within sixty days from the date of 
the resolution provided for by section 20 hereof, cause to be 
brought in the name of the district an action in the superior 
court of the county in which said district or the greater por¬ 
tion thereof is located, to determine the validity of any such 
bonds. Such action shall be in the nature of a proceeding in 
rem, and jurisdiction of all parties interested may be hacl by 
publication of summons for at least once a week for three 
weeks in some paper of general circulation published in the 
county where the action is pending, such paper to be desig¬ 
nated, by the court having jurisdiction of the proceedings. 
Jurisdiction shall be complete within ten days after the full 
publication of such summons in the manner herein provided. 
Any one interested may at any time before the expiration of 
said ten days appear and by proper proceedings contest the 
validity of such bonds. Such action shall be speedily tried and 
judgment rendered declaring such bonds to be valid or in¬ 
valid. Either party may have the right to appeal to the 
supreme court at any time within thirty days after the rendition 
of such judgment, which appeal must be heard and determined 
within three months from the time of taking such appeal. After 
the expiration of ninety days from the date of the resolution 
provided for by section 20 hereof no action may be brought to 
contest or question the validity of said bonds and proceedings 
thereto. If there be more than one action or proceeding in¬ 
volving the validity of any such bonds, they shall be consoli¬ 
dated and tried together. The court hearing any proceeding 
or action inquiring into the regularity, legality or correctness 
of the proceedings leading up to the issuance of bonds or the 
validity of such bonds must disregard any error, irregularity, 
or omission which does not affect the substantial rights of the 
parties to said action or proceeding. The rules of pleading 
and practice provided by the Code of Civil Procedure, which 
are not inconsistent with the provisions of this act, are ap¬ 
plicable to all actions or proceedings herein provided for. The 


PUBLIC UTILITY DISTRICTS. 


373 


motion for a new trial of any such action or proceeding must 
be heard and determined within ten days from the filing of 
the notice of intention. T. he costs on any proceeding or 
action herein provided for may be allowed and apportioned 
between the parties, or taxed to the losing party, in the dis¬ 
cretion of the court. 

Sec. 23. Revenue producing utilities. For the purposes of 
this act, the works authorized to be acquired, owned or oper¬ 
ated by the district (except parks and works for the dis¬ 
position of storm waters) are declared to be revenue pro¬ 
ducing utilities. So far as possible the commissioners shall fix 
such charges for commodities or service furnished by any 
revenue producing utility as will pay the operating expenses 
of the utility, the interest on any bonded debt incurred for the 
acquisition or construction thereof and provide a sinking or 
other appropriate fund for the payment of the principal of such 
debt as it may become due; it being the intention of this sec¬ 
tion that the district pay the interest and principal of its 
bonded debt incurred for the acquisition of any revenue pro¬ 
ducing utility from the revenues derived by the district from 
such utility. The commissioners so far as the nature of the 
utility will permit, shall, before any bonded indebtedness is 
incurred for the construction or acquisition of any revenue 
producing utility, enter into appropriate contracts with the 
respective municipalities proposed to be served by such utility 
providing for the use thereof by the respective municipalities 
during the life of the bonds proposed to be issued. The dis¬ 
trict and the municipalities included therein are hereby ex¬ 
pressly authorized to enter into such contracts. 

Sec. 24. Cities may advance funds. At any time after the 
initiation of proceedings for the organization of a public utility 
district, or at any time after the organization of such a dis¬ 
trict, any municipality proposed to be included within the 
said district, or included therein, may advance to the munici¬ 
pality initiating proceedings, or to the district, funds to meet 
the expenses of organization or the expenses of carrying on 
the work of the district as the case may be, and if the district 
is formed and its purposes carried out any such municipality so 
advancing funds shall be entitled to credit with the district 
for the amounts so advanced. 

Sec. 25. Tax, when revenues are insufficient. If from any 
cause the revenues of the district shall be inadequate to pay the 
principal or interest on any bonded debt as it becomes due, 
or if funds are needed to carry out the objects and purposes 
of the district, then the Board of Directors may cause a tax 
to be levied for such purposes as herein provided. The board 
shall state the purposes for which such taxes are necessary. 

Sec. 26. Board of Directors shall fix rate. The Board of 
Directors shall determine the amount necessary to be raised by 
taxation and shall fix a rate of tax to be levied which will 


Costs. 


Contracts 
with cities. 


374 


CALIFORNIA ELECTION LAWS. 


County 
officers to 
collect tax. 


Compensa¬ 
tion for 
collecting. 


Signatures 
to petition. 


Affidavit. 


raise the amount of money required by the district. The com¬ 
missioners shall thereupon, and within a reasonable time 
previous to the time for the fixing of the tax rate of the 
county or counties in which said district is located, certify 
to the Board or Boards of Supervisors the rate so fixed with 
a direction that at the time and in the manner required by 
law for the levying of taxes for county purposes, such Board 
or Boards of Supervisors shall levy and collect a tax in 
addition to such other tax as may be levied by such Board 
or Boards of Supervisors at the rate so fixed and determined, 
and it is made the duty of the officer or body having au¬ 
thority to levy taxes within each county to levy the tax so 
required. And it shall be the duty of all county officers charged 
with the duty of collecting taxes, to collect such tax in time, 
form and manner, as county taxes are collected and when 
collected, to pay the same to the district ordering its levy and 
collection. Such tax shall be a lien on all property within the 
territory comprising the district and of the same force and 
effect as other liens for taxes, and its collection may be en¬ 
forced by the same means as provided for the enforcement of 
liens for state and county taxes. Any county collecting taxes 
as herein provided shall be entitled to not to exceed one-half 
of one per cent of the amount collected as compensation there¬ 
for. 

Sec. 27. Works exempt from taxation. The works and 
property of the district shall be exempt from taxation for 
state, county or municipal purposes. 

Sec. 28. Recall of commissioners. Any commissioner may 
be recalled by the electors of the district at any time after he 
has held office for six months, in the manner herein provided. 
A petition demanding the appointment of a successor to the 
commissioner sought to be recalled shall be filed with the Board 
of Directors, which petition shall be signed by qualified voters 
equal in number to at least fifteen per cent of the entire vote 
cast within the district for all candidates for the office of 
governor of the state at the last preceding election at which a 
governor was chosen, and shall contain a statement of the 
grounds on which the recall is sought. No insufficiency of 
form or substance in such statement shall affect the validity 
of the election or proceedings held thereunder. Signatures to 
the petition need not all be appended to one paper. Each 
signer shall add to his signature his occupation and place of 
residence, giving street and number, or if no street or number 
exists, then such a designation of his residence as will enable 
the locality to be readily ascertained. To each separate paper 
of such petition shall be attached an affidavit made by a 
qualified elector of the district stating that the affiant cir¬ 
culated that particular paper and saw written the signatures 
appended thereto and that, according to the information and 
belief of the affiant each of said signatures is genuine and the 


PUBLIC' UTILITY DISTRICTS. 


375 


signature of a qualified'elector of the district. Within twenty 
days from the date of the filing of such petition the Board of 
Directors shall remove the commissioner whose recall is 
sought, or shall direct his secretary to determine from the 
records of registration whether or not said petition is signed 
by the requisite number of qualified voters. If such direction 
is made the secretary shall, within fifteen days from the date 
of such direction, determine the sufficiency of said petition and 
attach thereto his certificate showing whether or not said 
petition is sufficient. If the petition shall be found to be suf¬ 
ficient the Board of Directors shall cause a special election to 
be held not less than thirty-five nor more than sixty days 
after the date of such certificate, to determine whether the 
voters shall recall such officer. Such election shall be called, 
held, and the result thereof determined in the manner pro¬ 
vided by law for the holding of special elections in the county 
in which said district or the largest portion thereof is in¬ 
cluded. One petition is sufficient to propose the recall of one 
or more of the commissioners. Upon the sample ballot shall 
be printed in not more than two hundred words, the grounds 
set forth in the recall petition for demanding the recall of the 
officer, and upon such ballot in not more than two hundred 
words, the officer may justify himself. There shall be printed 
on the recall ballot as to every officer whose recall is to be 
voted on. the following question: “Shall (name or person 
against whom the recall petition is filed) be recalled from the 
office of (title of office) ?” following which shall be the words 
“Yes” and “No” on separate lines with a blank space at the 
right of each in which the voters shall, by stamping a cross 
(X), indicate his vote for or against such recall. If a majority 
of those voting on said question of the recall of any incumbent 
shall vote “No,” said incumbent shall continue in said office. 
If a majority vote “Yes,” said incumbent shall thereupon be 
deemed removed from such office upon the qualification of his 
successor. No commissioner who has been removed by the 
Board of Directors upon the recall petition being filed with 
such board, or who has been recalled, shall again be eligible 
to appointment as a commissioner. 

Sec. 29. Action only after claim is rejected. No suit shall 
be brought against the district on any claim for money or 
damages until a claim or demand therefor, setting forth with 
reasonable certainty the nature and various items of the claim 
or demand and verified by the claimant, or his authorized agent, 
has been presented to the commissioners and rejected in whole 
or in part. 

Sec. 30. Definitions. The term “municipality” as herein 
u^ed shall be deemed, and is hereby declared to include any 
city and county or incorporated city or town. The word 
“district” as herein used, shall be deemed, and is hereby de¬ 
clared to mean a public utility district formed under the pro- 


Directors 
may remove 
Commis¬ 
sioners. 


Election. 


Ballot, 
form of. 


376 


CALIFORNIA ELECTION LAWS. 


visions of this act. The word “board’’ and the expression 
“Board of Directors,” as herein used, shall be deemed, and are 
hereby declared to mean the Board of Directors of a public 
utility district. The word “Commissioners” as herein used 
shall be deemed, and is hereby declared to mean the com¬ 
missioners of a public utility district formed under the provisions 
of this act, and the commissioners shall be regarded as a 
Board of Commissioners. The expression “unincorporated 
territory” as herein used shall be deemed, and is hereby de¬ 
clared to mean territory not included within the corporate 
limits of any municipality. 

Sec. 31. How construed. This act and each and every pro¬ 
vision thereof shall be liberally construed to carry out the pur¬ 
poses hereof. The rule of strict construction is hereby expressly 
declared to be inapplicable. The provisions of this act shall 
be deemed to be directory and not mandatory, except where 
it shall appear that this construction will work substantial in¬ 
justice. 

Sec. 32. Intention of act. It is intended by this act to pro¬ 
vide necessary machinery whereby municipalities and com¬ 
munities may act jointly in effecting public improvements and 
acquiring and operating works, the effecting, acquiring or 
carrying on of which by such cities or communities separately 
would be impracticable or disadvantageous by reason of the 
magnitude of such improvements or works, or the cost thereof, 
or by reason of the fact that said improvements or works 
are of common benefit to a series of cities or communities. It 
is not intended that a district formed hereunder shall con¬ 
struct or operate public improvements or works of a local 
character. 

Sec. 33. Not to repeal other acts. This act shall not be 
deemed to repeal any other act dealing with the same subject 
matter or any portion of the matters herein covered. 


PUBLIC UTILITIES. 

An Act to provide for submitting to the qualified electors of every city and 
county, or incorporated city or town, in this state the question whether 
such city and county, or incorporated city or town, shall retain the 
powers of control vested therein respecting all or any public utilities, 
and providing further for elections thereafter to surrender such powers 
in case the qualified electors of any such city and county, or incor¬ 
porated city or town, shall have voted to retain such powers or to re¬ 
invest such city and county, or incorporated city or town, with such 
powers, in case the qualified electors thereof have voted to surrender 
such powers. 

(Approved January 2, 1912.) 

Section 1. Municipal power of control over public utilities. 

Any city and county, or incorporated city or town, may retain 
its powers of control vested therein respecting any one or more 
classes of public utilities and may thereafter surrender such 



PUBLIC UTILITIES. 


377 


powers to the Railroad Commission of the State of California, 
hereinafter called the Railroad Commission, or may reinvest 
itself with such powers as it may have surrendered to the 
Railroad Commission, all as in this act provided. 

Sec. 2. Definitions of. The term “municipal corporation,” 
as used in this act, shall be construed to mean a city and 
county, or an incorporated city or town. The term “legislative 
body, as used in this act, shall be construed to mean the 
Board of Supervisors, Municipal Council, Commission or other 
legislative or governing body of a municipal corporation. 

Sec. 3. Terms defined by public utilities act. The terms 
“railroad corporation,” “street railroad corporation/’ “common 
carriers,” “gas corporation,” “electrical corporation,” “water 
corporation, “telephone corporation,” “telegraph corpora¬ 
tion,” “wharfinger,” “warehouseman” and “public utility,” 
as used in this act, shall severally have the same meaning 
as is given to them, respectively, in section 2 of the act known 
as the “Public Utilities Act.” 

Sec. 4. Submission to electors of question to retain control. 

The question whether any municipal corporation shall retain 
its powers of control respecting one or more classes of public 
utilities may be submitted to the qualified electors of such 
municipal corporation, as provided in this act, either at a 
general municipal election or at a special election held therein. 
Such question may be so submitted, either in pursuance of an 
ordinance of intention adopted by a vote of three-fifths of all 
the members of the legislative body of such municipal corpo¬ 
ration, declaring that the public interest requires the sub¬ 
mission of, and that it is the intention of such legislative 
body to submit, such question to a vote of the qualified 
electors of such municipal corporation, or in pursuance of a 
petition of qualified electors of such municipal corporation, 
as hereinafter provided. Such ordinance of intention or such 
petition, as the case may be, shall contain the propositions 
proposed to be so submitted, as set forth in section 6 of this 
act. Such petition shall be signed by qualified electors of such 
municipal corporation, equal in number to ten per centum of 
such qualified electors, computed upon the total number of 
votes cast in such municipal corporation for all candidates for 
governor at the last preceding general election prior to the 
filing of such petition at which a governor was elected. Such 
petition may consist of separate papers; provided, that if any 
paper consists of more than one sheet, it shall be securely 
fastened together at the top. The signatures need not all be 
appended to one sheet of paper. Each such paper shall have 
attached thereto, at the bottom of the last sheet thereof, the 
affidavit of a qualified elector of such municipal corporation, 
stating that all of the signatures on each sheet thereof were 
made in his presence, and that to the best of his knowledge 
and belief each signature is the genuine signature of the person 


Ordinance of 
intention, 
election for. 


Petition for 
submission 
of question 
to retain 
control. 



378 


CALIFORNIA ELECTION LAWS, 


whose name purports to be thereto subscribed. Such petition 
shall be filed with the clerk of the legislative body of such 
municipal corporation. Within ten days from the date of 
filing ° f the suc h petition, said clerk shall examine the petition 

petition. and ascertain from the record of the registration of the electors 
of the city and county, or of the county in which such municipal 
corporation is situated, whether the petition is signed by the 
requisite number of the qualified electors of such municipal 
corporation; and if requested by said clerk, the said legislative 
body of said municipal corporation shall authorize him to em¬ 
ploy persons specially to assist him in the work of examining 
such petition and shall provide for their compensation. Upon 
the completion of such examination, said clerk shall forthwith 
attach to said petition his certificate, properly dated, showing 
the result of such examination. If from such examination said 
•clerk shall find that said petition is signed by the requisite 
number of qualified electors, he shall certify that the same 
is sufficient; but if, from such examination, he shall find 
that said petition is not signed by such requisite number 
of qualified electors, he shall certify to the number of quali¬ 
fied electors signing such petition and to the number of quali¬ 
fied electors required to make such petition sufficient. If 
by the certificate of said clerk the petition is shown to be 
insufficient, it may be amended by filing a supplemental pe¬ 
tition within ten days from the date of such certificate. Said 
clerk shall, within ten days from the filing of such supple- 
Suppiementai mental petition, make like examination of the same and 
certify to the result of such examination as hereinbefore pro¬ 
vided. If the certificate of the clerk shall show any such pe¬ 
tition, or any such petition together with a supplemental pe¬ 
tition, to be insufficient, it shall be retained by him and kept 
as a public record, without prejudice, however, to the filing 
of a new petition to the same effect. But if, bv the certificate 
of the clerk, such petition, or such petition together with a 
supplemental petition, is shown to be sufficient, the clerk shall 
forthwith present the same to the legislative bodv of such 
municipal corporation. The sufficiency or insufficiency of such 
petition shall not be subject to review by such legislative 
body. After the election held in pursuance of such petition, 
the sufficiencv of such petition in any respect shall not be sub¬ 
ject to judicial review or be otherwise questioned. In any 
citv and county having a Board of Election Commissioners and 
a Registrar of Voters, the clerk of the legislative body thereof 
shall immediately upon the filing of any petition with him, 
transmit the same to such Board of Election Commissioners, 
who shall forthwith deliver such petition to said Registrar of 
Voters, who shall perform all the duties herein required to be 
performed in other municipal corporations by the clerk of 
the legislative body thereof, respecting the examination and 
certification of such petition. Such Registrar of Voters shall, 


PUBLIC UTILITIES. 


379 


upon making his certificate, forthwith return said petition to Du T of 
said clerk, who shall thereupon present such petition and the Sf’vStwV 
certificate thereto attached to the legislative body of such 
municipal corporation as hereinbefore in this section provided. 

Sec. 5. Election for submission of question to retain control. 

Upon the adoption of such ordinance of intention, or the pre¬ 
sentation as aforesaid of such petition, as provided in section 
4 of this act, the legislative body of such municipal corporation 
shall, by ordinance, order the holding of a special election for 
the purpose of submitting to the qualified electors of such 
municipal corporation the propositions set forth in such ordi¬ 
nance of intention or in such petition, as the case may be, 
which propositions shall be those set forth in section 6 of this 
ac b or such legislative body shall, by ordinance, order the 
submission of such propositions at a general municipal election, 
as hereinafter provided. Such special election shall be held 
not less than twenty days nor more than sixty days after the 
adoption of the ordinance of intention provided for in section 
4 of this act, or the presentation of such petition to said legis¬ 
lative body; provided, that if a general municipal election shall 
occur in said municipal corporation not less than twenty days 
nor more than sixty days after the adoption of said ordinance 
of intention or the presentation of said petition to said legis¬ 
lative body, said propositions may be submitted at such general Question 
municipal election, in the same manner as other propositions m?ued e a t ub 
are required by law to be submitted at general municipal elec- 
tions in such municipal corporation. Every special election 
held in any municipal corporation under the provisions of this 
act, shall be called by the legislative body thereof, by ordi¬ 
nance, which shall specify the propositions to be submitted at 
such election and the date thereof, and where provision is Special^ 
not otherwise made by law, shall establish the election pre¬ 
cincts therefor and designate the polling places therein, and 
the names of the election officers for each such precinct. Such 
ordinance shall, prior to such election, be published five times 
in a daily newspaper printed and published in such municipal 
corporation, or twice in a weekly newspaper printed and pub¬ 
lished therein, if there be no such daily newspaper; provided, 
that if no such daily or weekly newspaper be printed and pub¬ 
lished in such municipal corporation, the clerk of said legis¬ 
lative body shall post a copy of said ordinance in three public 
places in such municipal corporation at least ten days prior 
to such election. The propositions submitted under this sec¬ 
tion at any general municipal election or at any special election 
shall be the same as those set forth in section 6 of this act. 

Sec. 6. Proposition upon which votes shall be taken. The 

ballots to be used at any general municipal election or at any 
special election, at which is submitted the question whether a 
municipal corporation shall retain its powers of control re¬ 
specting public utilities shall have printed thereon, in addition 



380 


CALIFORNIA ELECTION LAWS. 


Form of 
ballot and 
and manner 
of voting. 


to the other matters required by law, the following propositions: 

“Proposition No. 1. Shall.(name of municipal 

corporation) retain its powers of control over railroad corpo¬ 
rations?” 

“Proposition No. 2. Shall . (name of municipal 

corporation) retain its powers of control over street railroad 
corporations?” 

“Proposition No. 3. Shall. (name of municipal 

corporation) retain its powers of control over common carriers 
other than railroad and street railroad corporations?” 

“Proposition No. 4. Shall . (name of municipal 

corporation) retain its powers of control over gas corpo¬ 
rations?” 

“Proposition No. 5. Shall . (name of municipal 

corporation) retain its powers of control over electrical corpo¬ 
rations?” 

“Proposition No. 6. Shall . (name of municipal 

corporation) retain its powers of control over telephone corpo¬ 
rations?” 

“Proposition No. 7. Shall . (name of municipal 

corporation) retain its powers of control over telegraph corpo¬ 
rations?” 

“Proposition No. 8. Shall .(name of municipal 

corporation) retain its powers of control over water corpo¬ 
rations?” 

“Proposition No. 9. Shall.(name of municipal 

corporation) retain its powers of control over wharfingers?” 

“Proposition No. 10. Shall ... (name of munici¬ 

pal corporation) retain its powers of control over warehouse¬ 
men ?” 

Opposite each such proposition to be voted upon, and to the 
right thereof, the words “Yes” and “No” shall be printed on 
separate lines, with voting squares. Any voter desiring to 
vote in favor of the retention of the powers of control of such 
municipal corporation respecting any particular class of public 
utility, shall stamp a cross (X) in the voting square after the 
printed word “Yes” opposite the proposition as to such class, 
and any voter desiring to vote against the retention of such 
powers of such municipal corporation respecting any particular 
class of public utility, shall stamp a cross (X) in the voting 
square after the printed word “No” opposite such proposition. 

Sec. 7. Canvass of returns. If the propositions specified in 
section 6 of this act shall have been submitted at a special 
election in any municipal corporation, then the legislative body 
or other body or board charged with the duty of canvassing the 
returns and declaring the result of elections in such municipal 
corporation, shall meet at their usual place of meeting on the 
first Monday after such election to canvass the returns and de¬ 
clare the result thereof. Immediately upon the completion of 
such canvass, or upon the completion of the canvass of the 












PUBLIC UTILITIES. 


381 


returns of any general municipal election at which such propo¬ 
sition shall have been submitted, such legislative body or other 
body or board charged with said duty shall make an order de¬ 
claring the result of the election upon such propositions and 
shall cause the same to be entered upon its minutes, which 
order shall show the total number of votes cast upon each 
such proposition, and the number of votes cast respectively in 
favor of and against each such proposition. If it shall appear 
from the result of such election, as so declared, that a majority 
of the qualified electors of such municipal corporation voting 
on any proposition submitted, as provided in section 5 of this 
act, shall have voted to retain the powers of control of such 
municipal corporation respecting any particular class of public 
utility, such municipal corporation shall be deemed to have 
elected to retain such powers of control respecting such class 
p{ public utility, and such powers shall be exercised by such 
municipal corporation until the same may be surrendered as 
hereinafter provided; and if it shall appear from the result of 
such election, as so declared, that a majority of such qualified 
electors so voting on any such proposition shall have voted not 
to retain such powers respecting any class of public utility, 
such municipal corporation shall be deemed to have elected not 
to retain such powers of control respecting such class of public 
utility, and such power of control shall thereafter vest in and 
be exercised by the Railroad Commission as provided by law. 
Immediately upon the entry of the order declaring the result of 
the election as to such proposition, the clerk of the legislative 
bodv or the Registrar of Voters in any municipal corporation 
having a Board of Election Commissioners and a Registrar of 
Voters, shall make copies, in duplicate of such order, and shall 
attach to each such copy his certificate under the seal, if any, 
of such municipal corporation, or of such Board of Election 
Commissioners, certifying that the same is a true and correct 
copy of such order. Said clerk or Registrar of Voters, as the 
case may be, shall forthwith file one of said copies in the office 
of the Railroad Commission of the State of California and the 
other in the office of the Secretary of State. Immediately 
upon the filing of such certified copy of such order in the 
office of the Railroad Commission, the powers of control there¬ 
tofore vested in such municipal corporation over any class 
or classes of public utilities which a majority of the qualified 
electors of such municipal corporation voting thereof shall have 
voted not to retain, as shown by such order shall thereupon 
vest in and be exercised by the Railroad Commission, until such 
municipal corporation shall reinvest itself with such powers of 
control as hereinafter provided. 

Sec. 8. Election to surrender powers of control. Any mu¬ 
nicipal corporation which shall have voted to retain the powers 
of control vested therein respecting any class or classes of 
public utilities, or which may have reinvested itself with 


Result of 
election for 
submission of 
question 
to retain 
control. 


382 


CALIFORNIA ELECTION LAWS. 


Contents 
of ballots. 


Manner 
of voting. 


Result of 
election to 
surrender 
powers of 
control. 


such power, as hereinafter provided, may thereafter sur¬ 
render its powers of control as to such class or classes 
of public utilities at a general municipal election or a special 
election therein, called for that purpose. The ballots to be 
used at such election shall have printed thereon, in addition to 
the other matters required by law, separate propositions as to 
each of the classes of public utilities as to which such municipal 
corporation may theretofore have voted to retain its powers 
of control or with which it may have reinvested itself. As to 
each of such classes of public utilities, and in addition to the 
other matters required by law to be printed thereon, a propo¬ 
sition shall be printed on the ballot to be used at such election 

in substantially the following form: “Shall . 

(name of municipal corporation) surrender its powers of con¬ 
trol over . (here insert class of public utility) 

to the Railroad Commission?” Opposite each such proposition 
to be voted upon, and to the right thereof, the words “Yes 1 ’ 
and “No” shall be printed on separate lines, with voting 
squares. Any elector desiring to vote to surrender the powers 
of control of such municipal corporation over any class of 
public utility specified on the ballot, shall stamp a cross (X) 
in the voting square opposite the printed word “Yes,” after 
the proposition as to such class; and any elector desiring to 
vote not to surrender the powers of control of such municipal 
corporation over such class of public utility, shall stamp a 
cross (X) in the voting square opposite the printed word “No” 
after the proposition as to such class. The provisions of sec¬ 
tions 4, 5 and 7 of this act, in so far as applicable, shall govern 
elections called, conducted and held under the provisions of 
this section and to general municipal elections at which such 
propositions shall be submitted. If it shall appear from the re¬ 
sult of such election declared as provided in section 7 of this 
act, that a majority of the qualified electors of such municipal 
corporation voting on any proposition submitted as provided 
in this section, shall have voted to surrender the powers of 
control of such municipal corporation respecting any par¬ 
ticular class of public utility, such municipal corporation shall 
be deemed to have surrendered its powers of control as to 
such class of public utility to the Railroad Commission, and 
such powers shall thereafter vest in and be exercised by the 
Railroad Commission, as provided by law, upon the filing, in 
the office of the Railroad Commission, of a certified copy of the 
order declaring the result of such election until such municipal 
corporation shall reinvest itself with such powers as herein¬ 
after provided; and if it shall appear from the result of such 
election, as declared, that a majority of such qualified electors 
voting on any such proposition shall have voted not to sur¬ 
render such powers of control respecting any particular class 
of public utility, such powers of control shall continue in such 
municipal corporation; provided, however, that such powers 
of control may thereafter be surrendered by such municipal 




PUBLIC UTILITIES. 


3btf 

corporation at any subsequent election at which the question 
of such surrender may again be submitted under the provisions 
of this act. 

Sec. 9. Election to reinvest with powers of control Any 

municipal corporation that shall have surrendered to the Rail¬ 
road Commission powers of control respecting any class of 
public utility may thereafter reinvest itself with such powers 
by a vote of the qualified electors thereof taken at a general 
municipal election or at a special election. The ballots to be Ballots, 
used at such election shall have printed thereon, in addition to contents of - 
the other matters required by law, separate propositions as to 
each class of public utility designated in the petition for such 
election or in the ordinance of intention. As to each such 
class of public utility, a proposition shall be printed on the 

ballot in substantially the following form: “Shall .. 

(name of municipal corporation) reinvest itself with powers of 
control over . (class of public utility) ?” Op¬ 

posite each such proposition to be voted upon and to the right 
thereof, the words “Yes” and “No” shall be printed on separate 
lines, with voting squares. Any elector desiring to vote to re¬ 
invest such municipal corporation with powers of control 
respecting any class of public utility designated on the ballot 
shall stamp a cross (X) in the voting square after the printed 
word “Yes” opposite the proposition as to such class, and any 
elector desiring to vote not to reinvest such municipal corpo¬ 
ration with powers respecting such class of public utility shall 
stamp a cross (X) in the voting square after the printed word 
“No” opposite such proposition. The provisions of sections 4, 

5 and 7 of this act, in so far as applicable, shall apply to elec¬ 
tions called, conducted and held under the provisions of this 
section and to general municipal elections at which such propo¬ 
sitions shall be submitted. If it shall appear from the result of Regult of 
such election, declared as provided in said section 7, that a election°to 
majority of the qualified electors of such municipal corporation with 

voting on any proposition submitted as provided in this section of control, 
shall have voted to reinvest such municipal corporation with 
powers of control respecting any particular class of public 
utility, such municipal corporation shall be deemed to have 
reinvested itself with such powers, and upon the filing in the 
office of the Railroad Commission of a certified copy of the 
order declaring the result of such election, the powers of con¬ 
trol with which such municipal corporation shall have voted 
to reinvest itself, as shown by such order, shall cease to be 
exercised by the Railroad Commission, and shall vest in and 
be exercised by such municipal corporation; and if it shall 
appear from the result of such election, as declared, that a 
majority of the qualified electors of such municipal corporation 
voting on any such proposition, as provided in this section, 
shall "have voted not to reinvest such municipal corporation 
with powers of control respecting any particular class of public 




384 


CALIFORNIA ELECTION LAWS'. 


utility, such powers of control shall continue in and be 
exercised by the Railroad Commission; provided, that such 
municipal corporation may thereafter reinvest itself with such 
powers of control at any subsequent election at which such 
question may be again so submitted under the provisions of 
this act. 

Sec. 10. Limitation on holding of special election. The 

holding of a special election or elections, or the submission 
of propositions at any general municipal election, under any 
of the provisions of this act, shall not be construed to preclude 
the holding of a subsequent special election or elections or the 
subsequent submission of propositions at a general municipal 
election or elections, on the question of the retention, surrender 
or re-investment by a municipal corporation of its powers of 
control respecting any class or classes of public utilities, as in 
this act provided; provided, that not more than one such 
special election shall be held within any period of twelve 
months. 

Sec. 11. Conduct of elections. Except as otherwise in this 
act provided, the holding and conducting of elections under the 
provisions of this act, the form of the ballots used, the opening 
and closing of the polls, the canvass of the returns and the 
declaring of the result shall conform, as nearly as may be, to 
such laws as shall now or hereafter be applicable to special 
municipal elections held in the municipal corporation affected. 


385 


“LOCAL OPTION.” 


An act to provide for the regulation of the traffic in alcoholic liquors 
by establishing local option; authorizing the filing of petitions praying for 
elections to vote upon the question whether the sale of alcoholic liquors 
shall be licensed within the territory described in such petitions; provid¬ 
ing lor the calling and holding of such elections; making it the duty of 
the proper governing body to declare such territory to be no-license terri¬ 
tory unless a majority of votes is cast in favor of license; providing that 
no licenses, permits, or other authority to sell or distribute alcoholic 
liquors In no-license territory shall be granted; forfeiting and declaring 
void all such licenses or permits theretofore issued and in force; making 
it a penal offence to sell, give away or distribute alcoholic liquors within 
offenses^ 1 * 01 ^’ W * th Certain exce P tions ; and providing penalties for such 

(Approved April 4, 1911.) 


Secti° n 1. Petition for election on local option question. 

Qualified electors of any incorporated city or town, or of that 
portion of any supervisorial district not included within the 
boundaries of any incorporated city or town, numbering not 
less than twenty-five per cent of the number of votes cast.for 
all candidates for governor in the territory described in the 
petition, at the last preceding election for governor of the state, 
may petition the city council, board of trustees or other legisla¬ 
tive body of such city or town or the board of supervisors of 
the county in which such supervisorial district is situated, 
to call an election to vote upon the question, whether the sale 
of alcoholic liquors shall be licensed in ^uch city, town, or 
supervisorial district outside of incorporated cities and towns. 

Sec. 2. Form of petition. Such petition shall be substan¬ 
tially in the following form: 

To the . (here insert the name of the legislative 

or governing body of the district: city council, board of trus¬ 
tees, board of supervisors, or whatever it may be) . 

of the . (here insert description and name of the 

city, town or county, as the case may be) ..: 

The undersigned, residents and qualified electors of the 

. (here insert description and name of the city, 

town, or supervisorial district outside of incorporated cities and 

towns, as the case may be) . respectfully petition 

that you cause to be submitted, in the manner provided by law, 

to the voters of this . (here insert “city,” “town,” 

or “supervisorial district outside of incorporated cities and 

towns,” as the case may be . the proposition, 

“Shall the sale of alcoholic liquors be licensed in this . 

(here insert ‘city,’ ‘town,’ or ‘supervisorial district outside of 
incorporated cities and towns’) .?” 


Name of House 

Signer Number 


Street 


Postoffice 


Date of 
Signing 


Precinct 




















386 


CALIFORNIA ELECTION LAWS. 


Notice to 
person filing. 


Call election. 


Sec. 3. Petitioner’s signature. Each petitioner shall, in ad¬ 
dition to signing his name to such petition, write opposite his 
name thereon his place of residence, giving street and number, 
if any, and such signing, to be valid, must have been done not 
more than sixty days before the filing of said petition. There 
shall be attached to each sheet of such petition a statement, 
signed and sworn to by a resident of the district described in 
such petition, that the signatures on the said sheet were made 
in his presence, by the persons whose names purport to be 
signed thereto, within the time as provided in this act, and 
that to the best of his knowledge and belief the persons whose 
names are signed thereto were, at the time of signing the same, 
qualified electors in the district described in said petition. No 
names shall be withdrawn from such petition after the name 
is filed. 

Sec. 4. Examination of petition. Upon the filing of said 
petition the clerk of the body to which it is addressed shall 
forthwith examine it, and from the great register ascertain 
whether or not said petition is signed by the requisite number 
of qualified electors of the territory described therein, and, if 
necessary, he shall be allowed extra help for that purpose, and 
within ten days from the date of filing such petition he shall 
certify in writing the result of such examination and shall file 
this certificate with the petition. If the clerk finds the number 
of qualified signers to be insufficient, he shall immediately send 
a written notice to the person who filed the petition, stating 
the number of qualified signers he has found thereon, and that 
they are not sufficient; and the petition may be amended with¬ 
in ten days from the date of such notice by the filing of a sup¬ 
plementary petition. The clerk shall within ten days after 
such amendment make like examination and certification of the 
amended petition. If it is still found insufficient he shall notify 
the person who filed the petition of that fact, without prejudice, 
however, to the filing of a new petition to the same effect. 

If the petition shall be certified as sufficient, the legislative 
or governing body having jurisdiction over the territory de¬ 
scribed therein shall, within the time prescribed herein, call an 
election to be held in such territory to vote upon the question 
whether the sale of alcoholic liquors shall be licensed therein. 

Sec. 5. Provisions governing election. Such election shall 
be called and held in the manner provided by law; and all the 
provisions of law, penal or otherwise, applicable to a general 
state election shall apply to special elections held, under this 
act, in territory outside of incorporated cities and towns; while 
all the provisions of law applicable to municipal elections shall 
apply to special elections held, under this act, in incorporated 
cities and towns. 

Sec. 6. Question may be submitted at general election. If 

said petition shall be certified, as sufficient within six months 


LOCAL, OPTION. 


387 


Special 
election not 
oftener than 
once in two 
years. 


Sec. 7. License question on ballots of general election. If 

said petition is filed with the governing body of an incorporated 
city or town, and is certified as sufficient within six months 
and not less than forty days before the holding of the next 
general state election, said body shall forthwith request the 
board of supervisors of the county in which such city or town 
is located to place the license question on the ballots for all 
voting precincts within such city or town at the next general 
state election, in the form provided in section 8 hereof. It 
shall be the duty of said board of supervisors to comply with 
such request, and immediately after canvassing the returns of 
such election to report the vote for and against license to the 
governing body of such city or town, and it shall enter the 
same upon its minutes, making a record of the date of the 
election and of the number of votes for and against license. 

Sec. 8. Ballot. The form of ballot shall be as follows: 


and not less than forty days before the holding of the next 
general state or general municipal election within the territory 
therein described, such question shall be submitted at said 
general state or general municipal election; otherwise a special 
election to vote upon the question shall be called to be held 
within not less than thirty nor more than sixty days after the 
petition has been certified as sufficient, provided, that no elec¬ 
tion under this act shall be held within two years of any pre¬ 
vious election held under this act within the same territory. 


Shall the sale of alcoholic liquors be licensed 

in this . (Here insert “city,” “town,” 

or “supervisorial district outside of incorporated 
cities and towns,” as the case may be) ?. 


Yes. 

No. 


To vote for license, electors they shall stamp a cross in the 
square opposite the word “Yes” on the ballot; and to vote 
against license they shall stamp a cross in the square opposite 
the word “No” thereon. 

Sec. 9. Contest of election. Any elector of the territory in 
which an election under this act is held may contest such elec¬ 
tion for malconduct on the part of an election board or of any 
member thereof or on account of illegal votes. Such contest 
shall be subject to all the provisions of law relating to the con¬ 
testing of elections, so far as the same may be applicable; pro¬ 
vided, that while said contest is pending, and until the same is 
decided, the force and effect of said election shall be the same 
as if it had not been contested. 

Sec. 10. No-license territory. Unless a majority of the 
votes cast on this question at such election are in favor of 
license the territory described in the petition shall be no-license 
territory on and after ninety days from the date of said elec- 











388 


CALIFORNIA ELECTION LAWS. 


Election. 


tion; and the city council, board of supervisors or other govern¬ 
ing body having jurisdiction thereof, shall thereupon make an 
entry on its records declaring that such described territory is 7 
no-license territory; but a failure to make such entry shall not 
affect the result or effect of such election. 

In any prosecution under this act the original record in the 
minutes of said governing body of the number of votes cast 
at such election, or a copy thereof certified by the clerk of said 
governing body shall be prima facie evidence that the territory 
in which such election was held is no-license territory; pro¬ 
vided said record shows that at said election there was not a 
majority vote in favor of license. 

Sec. 11. Election necessary to change to license territory. 

When any city, town, or supervisorial district outside of in¬ 
corporated cities and towns, becomes no-license territory it 
shall remain such until at a subsequent election, called, as 
herein provided, to vote on the question of whether the sale of 
alcoholic liquors shall be licensed therein, a majority of the 
votes cast on that question are in favor of license. It shall 
thereupon cease to be no-license territory within the meaning 
of this act. 

Sec. 12. Licenses in such territory become void. No license, 
permit or other authority to sell or distribute alcoholic liquors 
in no-license territory shall be issued except to registered phar¬ 
macists and to manufacturers of such liquors, and all such 
existing licenses or permits, except those of registered pharma¬ 
cists and manufacturers, shall immediately become void when 
the territory becomes no-license territory; but all holders of 
such licenses, permits or other authority shall, upon a surren¬ 
der thereof, be entitled to a rebate of the proportion of license 
fee paid therefor for the unexpired term for which the same 
was granted. 

Sec. 13. Unlawful to sell liquor. It shall be unlawful for 
any person, corporation, firm, company, association or club, 
as principal, agent, employee or otherwise, within the boun¬ 
daries of any no-license territory to sell, furnish, distribute or 
give away any alcoholic liquors except as provided in section 
16 hereof. 

Sec. 14. Unlawful to conduct place where liquor is sold. It 

shall be unlawful for any person, corporation, firm, company, 
association or club, within any no-license territory to keep, 
conduct or establish, as principal or agent, any place where 
alcoholic liquors are sold, served or distributed, or are kept 
for the purpose of sale or distribution, except as provided in 
section 16 hereof; and every day that such place shall be kept, 
established or conducted shall constitute a separate offense. 

Sec. 15. Unlawful to solicit orders for liquor. It shall be 
unlawful for any person, corporation, firm, company, associa- 


LOCAL OPTION. 


389 


tion or club, within any no-license territory, to solicit orders, 
take orders or make agreements for the sale or delivery of 
alcoholic liquors; provided, that this shall not apply to" the 
taking of such orders from a registered pharmacist at his place 
of business, or to the taking of orders for alcoholic liquors on 
the premises where stored or manufactured, under the condi¬ 
tions stated in section 16 hereof. 

Sec. 16. What acts not unlawful. Nothing in this act shall Not unlawful, 
be interpreted as rendering it unlawful to keep alcoholic liquors 
for distribution, or to sell or distribute such liquors, in no¬ 
license territory in the manner and for the purpose in this sec¬ 
tion provided: 

First—The serving of such liquors by any person at his t° s er y e 
own home to members of his family or to his guests, as an act home, 
of hospitality, when no money or thing of value is received 
in return therefor, and when said home is not a place of public 
resort; 

Second—The serving or dispensing of such liquors by any J°pi s a p r ense 
registered pharmacist for bona fide medical purposes only, upon m »?ist. r 
a prescription issued, signed and dated by a duly licensed 
physician; provided, that the name of the person applying for 
the prescription and the name of the person for whose use 
the prescription is made shall be inserted therein by the physi¬ 
cian issuing the same at the time the prescription is made or 
given, and that not more than one sale or furnishing is made 
upon such prescription, and that all such prescriptions are 
kept on file at the place of business of such pharmacist, open 
to public inspections; provided, further, that no such liquors 
so dispensed shall be drunk upon the premises where dispensed; 

Third—The selling of alcohol by a registered pharmacist for To sell by 
other than beverage purposes; provided, that such pharmacist for other 
shall keep a record of such sales in which shall be entered the ^£ rage 
date of the sale, the quantity sold, -the purpose for which pur- purposes, 
chased, and the signature of the person purchasing the same; 
such record to be open to public inspection; 

Fourth—The selling of wine by a regularly licensed pharma- To sell by 
cist for sacramental purposes only; provided, such wine is p f ^ rmacist 
sold only to a regularly ordained minister of some religious ®^p a o“e e s ntal 
denomination, or upon the written order of the local official 
board or governing body of a religious organization; provided, 
further, that such pharmacist shall keep a record of such sales 
in which shall be entered the date of the sale, the quantity 
sold, and the signature of the person purchasing the same; 
such record to be open to public inspection; 

Fifth—The distributing of wine at the sacramental service 
of any religious organization; 

Sixth—The keeping of alcoholic liquors at cellars, vaults or -?£ u ke r | p for 
warehouses, receiving orders at such cellars, vaults, or ware- sale outside 
houses for said liquors, and the shipping of the same there- territory, 
from; provided, said liquors are not distributed or delivered to 


390 


CALIFORNIA ELECTION LAWS. 


To keep 
liquors where 
manufactured. 


Exceptions. 


Statements of 
liquors sold. 


any person or place in no-license territory within the county in 
which such cellars, vaults or warehouses are located, except 
when delivered to a common carrier for shipment to a place 
outside of said no-license territory; 

Seventh—The keeping of alcoholic liquors on the premises 
where manufactured, receiving orders at said premises for such 
liquors, and the shipping of the same from such premises; pro¬ 
vided, said liquors are not distributed or delivered in no-license 
territory within the county in which such premises are located 
in quantities of less than two gallons, and are not delivered to 
any person or place in such territory within said county except 
as follows: (a) to a common carrier for shipment to a place 

outside of said no-license territory; (b) to other manufacturers 
of alcoholic liquors at the premises where they manufacture 
such liquors; (c) to cellars, vaults or warehouses where such 
liquors are stored or distributed as provided in the sixth para¬ 
graph of this section; (d) to any person at his or her perma¬ 
nent residence; (e) to registered pharmacists at their place of 
business. 

Sec. 17. Physician may not prescribe for person not in 
actual need. No physician shall give to, or write for, any 
well person, or person not in actual need of said liquor as a 
medicine, any prescription for alcoholic liquors, either sepa¬ 
rately or compounded with other ingredients; and any physi¬ 
cian who shall assist in violating or evading any of the pro¬ 
visions of this act shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be liable to the penalty provided in 
section 19 hereof. 

Sec. 18. Pharmacists to file monthly statements of liquors 
sold, etc. On or before the tenth day of each month every 
pharmacist in no-license territory, who keeps or dispenses alco¬ 
holic liquors, shall file with the county clerk of the county, 
wherein his place of business is located, a sworn statement of 
the kind and quantity of such liquors he has received during 
the previous month, showing the date or dates on which it 
was received and from whom purchased; also a sworn state¬ 
ment of the liquors he has sold or dispensed during said pre¬ 
vious month, showing the kind and quantity of liquors in each 
sale, the date, name of the purchaser, and, in case it was 
dispensed on a prescription, the name of the physician 
who issued the prescription. These statements shall be kept 
on file by the county clerk for at least two years, open to 
public inspection. Any pharmacist in no-license territory fail¬ 
ing to file statements as herein provided, or filing false state¬ 
ments, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be liable to the penalty provided in section 19 
hereof. 

Sec. 19. Penalty for violation. Any person violating any 
of the provisions of this act shall be deemed guilty of a mis- 


LOCAL OPTION. 


391 


demeanor, and upon conviction thereof shall be punished by a 
fine not exceeding - six hundred dollars, or by imprisonment in 
the county jail not exceeding seven months, or by both such 
fine and imprisonment; but any person found guilty of violating 
any of the provisions of this act, by conviction for an offense 
committed after a previous conviction under this act, shall be 
punished by a fine not exceeding six hundred dollars nor less 
than one hundred dollars, and by imprisonment in the county 
jail not exceeding seven months, nor less than one month. 

Sec. 20. Places where liquor is sold in no-license territory 
declared nuisances. All places where alcoholic liquors are sold 
or distributed, or are kept for sale or distribution, in violation 
of any of the provisions of this act, are hereby declared to be 
common nuisances, and shall be abated as such, and it shall 
be the duty of the district attorney to take action to abate 
such nuisances. It shall be the duty of the sheriff and any Dutyof 
other peace officer having jurisdiction within any no-license sheriff, 
territory to put persons suspected of violating any of the pro¬ 
visions of this act under police surveillance, and to use all 
legal means in detecting and convicting persons violating any 
of the provisions of this act. The right of search as given in R . htof 
chapter 3 of part 2 of title 12, of the Penal Code of the state search 0 
of California, is hereby made applicable to all places where 
there is reasonable cause to believe any provision of this act is 
being violated. And all liquors taken from places operated 
or conducted in violation of the provisions of this act shall, 
upon conviction of such person or persons from whom such 
liquor has been taken, be destroyed upc*i order of the court in 
which such conviction has been had. 

Sec. 21. “Alcoholic liquors” defined. The term “alcoholic 
liquors,” as used in this act, shall include spirituous, vinous 
and malt liquors, and any other liquor or mixture of liquors 
which contains one per cent, by volume, or more, of alcohol, 
and which is not so mixed with other drugs as to prevent its 
use as a beverage. 

Sec. 22. Police powers not limited. Nothing in this act 
shall be construed as putting any limitations, except such as 
are positively stated herein, upon the police powers now pos¬ 
sessed by cities, towns and counties. 

Citations. Cal. 162-703; 163-610. App. 18-719; 720; (Sec. 6) 18-716. 


APPENDIX 


GENERAL LAWS 


SCHOOL DISTRICTS 
SCHOOL LIBRARY DISTRICTS 
LIBRARY DISTRICTS 
HIGHWAYS 

BOULEVARD DISTRICTS 
LIGHTING DISTRICTS 
IRRIGATION DISTRICTS 


IRRIGATION DISTRICTS-COUNTY 




SUPPLEMENTAL INDEX 


SUPPLEMENTAL INDEX TO 
SCHOOL DISTRICTS. 


SCHOOL LIBRARY DISTRICTS. 


LIBRARY DISTRICTS. 


(Page 393 to Page 408.) Page 

SCHOOL DISTRICTS (fifth class cities act to issue bonds.).393 

Act, repeal of other acts, Sec. 10...395 

Title of .,. 393 

Ballot, form of, Sec. 4.396 

Board of Education, may call election, Sec. 1.393 

Supervisors to issue bonds, Sec. 5..394 

Trustees of city, may request school board to call 

election, Sec. 1 . 393 

Bonds, amount of, not to exceed five per cent of taxable property, Sec. 5....394 
Duty of county auditor to cancel and file with the county 

treasurer, Sec. 8 .394 

Issue warrants, Sec. 8 .394 

Duration of, Sec. 6 .394 

Form of, Sec. 6 ...394 

Guarantee to holder of, Sec. 9 .394 

How to be signed, Sec. 7.....394 

How sold, Sec. 7 ..394 

Interest, rate of, when payable, Sec. 7...394 

Principal and interest on, bv whom paid, Sec. 8...394 

How paid, Sec. 8 .394 

Total amount of principal, when payable, Sec. 6...394 

When may be filed with State Controller, Sec. 9..394 

Canvass of returns, how conducted, Sec. 5...394 

When to take place and by whom, Sec. 5.393 

Election, general election laws to govern, Sec. 4.393 , 

When called and how conducted, Secs. 2 & 4...393 

Money to be raised by taxation, Sec. 5 ...394 

Notice of election, posting and publishing of, time of, Sec. 2.393 

What to contain, Sec. 3.393 

Repeal of other acts, Sec. 10...395 

School bonds in cities of fifth class, how issued, Sec. 1.393 

District board to call elections, Sec. 1.393 

Tax levy, board of supervisors, to levy in districts for interest and 

principal, Sec. 8 ..394 

To whom to be paid, Sec. 8.394 


SCHOOL DISTRICTS (fifth class cities, act to regulate issuance of 

bonds.) .395 

Ballot, form of, Sec. 4 .396 

Board of education to call election, Sec. 1.395 

Supervisors to issue bonds, Sec. 5 .396 

Bonds, amount of, not to exceed five per cent of taxable property, 

Sec. 5 .396 

Duty of county auditor to cancel and file with county treasurer, 

Sec. 8 . 396 

Duration of, Sec. 6 .396 

Form of, Sec. 6 .396 














































SUPPLEMENTAL INDEX TO 

SCHOOL DISTRICTS—Continued. Page 

Bonds guarantee to holder in case payments are refused Sec. 9.396 

How sold, Sec. 7 ... 396 

How to be signed, Sec. 7... 396 

Interest, rate of, when payable, Sec. 7...396 

Principal and interest on, by whom paid, Sec. 8.396 

How paid, Sec. 8 .396 

Total amount of principal, when payable, Sec. 6.396 

When may be filed with State controller, Sec. 9. 394 

Canvass of returns, how conducted, Sec. 5 ........396 

When to take place, and by whom, Sec. 5.396 

Election for, general election laws to govern, Sec. 4.396 

When called and how conducted, Sec. 2 & 4.395-396 

Money to be raised by taxation, Sec. 5..396 

Notice of election, posting and publishing of, time of, Sec. 2.395 

What to contain, Sec. 3 .,.395 

School bonds in cities of fifth class, how issued, Sec. 1.395 

District board to call elections, Sec. 1.395 

Tax levy, board of supervisors to levy annually in districts for 

interest and principal, Sec. 8 .396 

To whom to be paid, Sec. 8.396 


SCHOOL LIBRARY DISTRICTS (act to "allow union high school 

districts to establish.) .*.397 

Act, definition of, Sec. 27 .401 

Acts, repeal of conflicting acts, Sec. 26.401 

Any union high school district may establish, manner of procedure, 

Sec. 1 . 397 

Ballot on question of formation of district, Sec. 4.397 

Issuance of bonds, form of, Sec. 19.400 

Board of library trustees, powers and duties of, Sec. 11.398 

When to meet. Sec. 10.398 

Supervisors, how to establish district, Sec. 7.397 

To record order of establishment of district, 

Sec. 9 .397 

Bonds, board of supervisors to issue, Sec. 20.400 

Prescribe form of, Sec. 21 .400 

Duration of, maximum interest, how sold, Secs. 21-22.400 

Tax levy for interest on, duty of board of supervisors, Sec. 23.400 

Total amount, not to exceed five per cent of taxable 

property, Sec. 20 .:•.400 

Unsold, disposal of, Sec. 24 .401 

Canvass of votes, on question of issuance of bonds, how conducted 

and when to be made, Sec. 20 .400 

Certificate of establishment to be filed with State librarian, Sec. 10....398 

Contracts with neighboring districts, to lend books, Sec. 16.399 

District, dissolution of, Sec. 25 ..401 

Name of, Sec. 17 ..,399 

Election for formation of district, how conducted, and when held, 

Secs. 3 & 4 . 397 

The issuance of bonds, by whom called, and how 

conducted, Sec. 18 .400 

Officers to report result of election to board of supervisors, 

Sec. 6 .'..397 

To dissolve district, how called and how conducted, Sec. 25....401 

Expenses of maintenance, Sec. 12.399 

Library fund,.how created, to whom paid, Sec. 14 .399 

Notice of election to establish, when posted and when published, Sec. 3....397 

Petition for formation of library district, what to contain, Sec. 2.397 

The issuance of bonds, number of signers, Sec. 18.400 


















































SUPPLEMENTAL INDEX TO 

SCHOOL LIBRARY DISTRICTS—Continued. Page 

Polls, opening and closing of, for formation of district, Sec. 3.397 

On question of issuance of bonds, 

Sec. 19 ...,.400 

Repeal of prior conflicting acts, Sec. 26.401 

Tax levy for maintenance, how computed, Sec. 13 .399 

Title of property acquired by district, Sec. 17.399 

Who may vote on question of formation, Sec. 5.397 


LIBRARY DISTRICTS (act to allow unincorporated towns to 

establish and maintain) .402 

Act, title of, .402 

Any unincorporated town or village may establish, manner of 

procedure, Sec. 1 .402 

Ballot, form of on question of issuance of bonds, Sec. 32.406 

Bonds, board of supervisors to issue, Sec. 33.406 

Duration of, Sec. 34 ..406 

Form of to be prescribed by board of supervisors, Sec. 34.406 

Not sold, how disposed of, Sec. 37..407 

Rate of interest, when payable, Sec. 35...407 

Canvass of returns on question of issuance of bonds, Sec. 33.406 

Votes, how conducted, Sec. 27.405 

Certificate of election, Sec. 27 .405 

Challenges, duty of judges of election, Sec. 25.405 

District, name of,* Sec. 17 ...404 

Dissolution of district, Sec. 38 .407 

Election for the issuance of bonds, who may call', how conducted, 

Secs. 28 & 31 . 406 

Trustees, when held and how conducted, Secs. 18 & 21.405 

Proceedings on failure to carry, Sec. 8.403 

To dissolve district, how conducted, Sec. 38.407 

Establish, when called, and how conducted, Sec. 3 & 4........402 

Library fund, disposition of, Sec. 14 .404 

Maintenance of district, Secs. 12-13-14 .404 

Manner of establishing, Sec. 2 .402 

Notice of election on question of issuance of bonds, Sec. 29.406 

What to contain and 
when to be posted 
and published, 

Sec. 29 & 30...406 

To establish, time of posting and publication, Sec. 3....402 

When to be posted and published, Sec 20.405 

Petition to establish number of signers, what to state, duty of 

board of supervisors, Sec. 2.402 

Polls, opening and closing of, election of trustees, Sec. 22.405 

On question to establish, Sec—3.402 

Poll-lists, to whom returned, Sec. 26.405 

Repeal of conflicting act, Sec. 39 .408 

Result of election, duty of election officers, when to file, Sec. 6.402 

Ta^ levy, how computed, Sec. 13.404 

For interest and redemption, duty of board of supervisors, 

Sec. 36 ...407 

Trustees, appointment of, Sec. 7.402 

Election of, term of office, Sec. 7.402 

Number of, Sec. 19 . y ...405 

Powers and duties of, Sec. 11 .403 

Vacancies, how filled, Sec. 7 .403 

When to meet, Sec. 10 .403 

Voter, must be registered 30 days before election, Sec. 23.405 

Voting, manner of, Sec. 24 .405 

On question of issuance of bonds, manner of, Sec. 32.406 

Who may vote on question to establish, Sec. 5.402 





















































393 


SCHOOL DISTRICTS. 


FIFTH CLASS CITIES. 


Act 3567. 

(NOTE.—See also act 3582 on page 387) 

An act to enable school districts in cities of the fifth class and school 
districts which embrace territory a portion of which is within and a 
portion of which is without such cities of the fifth class to issue bonds 
for the purpose of raising money to purchase school lots and for building 
or purchasing one or more schoolhouses and supplying the same with 
furniture, necessary apparatus and improving the grounds and for 
liquidating any indebtedness already incurred for such purposes and to 
repeal an act approved March 31, 1891, entitled “An act to enable cities 
of the fifth class to issue bonds for the purpose of raising money to pur¬ 
chase school lots and for building or purchasing one or more school- 
houses, and supplying the same with furniture, necessary apparatus, and 
improving the grounds and for liquidating any indebtedness already 
incurred for such purposes.” 

Citations, Cal. 153—286, 287. 

(Approved March 23, 1893. Stats. 1893, p. 292.) 

Amended 1897, p. 103. 

Sec. 1. School bonds, in cities of fifth class. The board of education of 
any school district in a city of the fifth class, or of any school district which 
embraces territory, a portion of which is within and a portion which is with¬ 
out such city of the fifth class, may, when in their judgment it is advisable, 
and must, when requested by the board of trustees of such city, call an 
election and submit to the electors of the district whether the bonds of such 
districts shall be issued and sold for the purpose of raising money to pur¬ 
chase school lots, and for building or purchasing one or more school houses, 
and supplying the same with furniture, necessary apparatus, and improving 
the grounds, and for liquidating any indebtedness already incurred for 
such purposes. (Amendment approved March 11, 1897. Stats. 1897, p. 103. 
In effect immediately.) 

Sec. 2. Election, how called. Such election must be called by posting 
notices, signed by the board of education, in three of the most public 
places in the district, for not less than twenty days before the election, 
and by publishing such notices, in some newspaper published in such city, 
not less than once a week for three successive weeks. 

Sec. 3. Notice to contain, what. Such notices must contain: 

1 . The time and place of holding such election. 

2. The names of one inspector and two judges in each voting precinct 

in said district, to conduct the same. <* 

3 . The hours during the day, not less than six hours, in which the polls 
will be open. 

4 . The amount and denomination of the bonds, the rate of interest, and 
the' number of years, not exceeding ten, the whole or any part of said 
bonds are to run. 

Sec 4. General election law to govern. Such election shall be held, in 
all respects as nearly as practicable, in conformity with the general election 
law; provided, that no particular form or ballot shall be required, excepting 
that the words to appear on the ballots, which shall be “Bonds—Yes,” 
or “Bonds—No”; nor shall any informalities, not amounting to fraud, in 
conducting such election, invalidate the same. 

Sec. 5. Canvass of returns. On the seventh day after said election, at 
1 o’clock, P. M., the returns having been made to the board of education, 
the board must meet and canvass said returns, and if it appears that two- 


School 

district 

board to call 
election. 


Election 
notice, when 
posted. 


Ballot, 
form of. 


Returns, 
when to be 
canvassed. 




394 


CALIFORNIA ELECTION LAWS. 


Board of 
supervisors 
to issue 
bonds. 


How to be 
signed. 


Interest, 
when payable. 


Board of 
supervisors 
to levy tax 
in district 
for interest 
and redemp¬ 
tion. 


Duty of 

county 

auditor. 


When bonds 
may be tiled 
with State 
controller. 


thirds of the votes cast at said election were in favor of issuing such 
bonds, then the board shall cause an entry of that fact to be made upon 
its minutes, and shall certify the board of supervisors of the county in 
which said district is located the proceedings had in the premises; and 
thereupon said board of supervisors shall be and they are hereby authorized 
and directed to issue the bonds of such district to the number and amount 
provided in such proceedings, payable out of the bond fund of such district 
(naming the same), and that the money shall be raised by taxation upon 
the taxable property in said district for the redemption of said bonds, and the 
payment of the interest thereon; provided, that the total amount of bonds 
so issued shall not exceed five per cent of the taxable property of the 
district as shown by the last equalized assessment of the property in such 
school district. 

Sec. G. Form of bonds. The board of supervisors, by an order entered 
upon its minutes, shall prescribe the form of said bonds, and of the interest 
coupons attached thereto, and must fix the time when the whole or any part 
of the principal of said bonds shall be payable, which shall not be more 
than ten years from the date thereof. 

Sec. 7. How sold; interest rate. Said bonds must be payable in gold, 
coin of the United States; must be signed by the president of the board 
of supervisors, and countersigned by the clerk of the county, who must 
affix the county seal thereto; must not bear a greater rate of interest than 
eight per cent, said interest to be payable semi-annually in like gold coin; 
and . said bonds must be sold in the manner prescribed by the board of 
supervisors, but for not less than par, in gold coin of the United States, 
and the proceeds of the sale thereof must be deposited in the county 
treasury to the credit of the building fund of said school district, and be 
drawn out for the purpose aforesaid as other school moneys are drawn out. 

Sec. 8. Tax levy. The board of supervisors, at the time of making the 
levy of taxes for county purposes, must levy a tax for fhat year upon the 
taxable property in such district for the interest and redemption of said 
bonds; and such tax must not be less than sufficient to pay the interest 
of said bonds for that year, and such portion of the principal as is to become 
due during such year, and in any event must be high enough to raise, 
annually, for the first half of the term said bonds have to run, a sufficient 
sum to pay the interest thereon and during the balance of the term high 
enough to pay such annual interest; and to pay annually, a proportion 
of the principal of said bonds equal to a sum produced by taking 
the whole amount of said bonds outstanding and dividing it by 
the number of years said bonds then have to run; and all moneys so levied, 
when collected, shall be paid into the county treasury to the credit of the 
building fund of such district, and be used for the payment of principal 
and interest on said bonds, and for no other purpose. The principal and 
interest on said bonds shall be paid by the county treasurer, upon the 
warrant of the auditor, out of the fund provided therefor; and it shall be 
the duty of the auditor to cancel and file with the treasurer the bonds and 
coupons as rapidly as they are paid. This section shall also apply to all 
cases where bonds were issued under the provisions of the aforesaid act, 
approved March 31, eighteen hundred and ninety-one, and in such cases 
all moneys collected under the provisions of this section shall be paid by 
the county treasurer, upon the warrant of the auditor to the city treasurer 
of the city where such bonds and the interest thereon are payable. War¬ 
rants for all such moneys shall be drawn by the auditor from time to time, 
upon the demand of such city treasurer. (Amendment approved March 
11, 1897. Stats. 1897, p. 104. In effect immediately.) 

Sec. 9. Guarantee to bond-holder. If the board of supervisors of any 
county in which any school district has issued bonds, under the provisions 
of this act or under the provisions of said act approved March thirty-first, 
eighteen hundred and ninety-one, shall fail to make the levy necessary 
to pay such bonds or interest coupons at maturity, and the same shall have 
.been presented to the county treasurer, and the payment thereof refused, 


SCHOOL DISTRICTS. 


395 


the owner may file the bonds, together with all unpaid coupons, with the 
State controller, taking his receipt therefor, and the same shall be regis¬ 
tered in the State controller’s office; and the State board of equalization 
shall at their next session, and at each annual equalization thereafter, add 
to the State tax to be levied in said district a sufficient rate to raise the 
amount of principal and interest past due prior to the next levy, and 
the same shall be levied and collected as a part of the State tax, and paid 
into the State treasury, and passed to the special credit of such district 
bond tax, and shall be paid by warrants, as the payments mature, to the 
holder of such registered obligations, as shown by the register in the 
office of the State controller, until the same shall be fully satisfied and 
discharged; any balance then remaining shall be transmitted to the treas¬ 
urer of the county in which is situated the district by which such bpnds 
were issued, and shall be placed by the county treasurer to the credit of 
the general school fund of said district. (Amendment approved March 11, 
1897. Stats. 1897, p. 104. In effect immediately.) 

Sec. 10. Repeal of other Act. The act approved March thirty-first, 
eighteen hundred and ninety-one, entitled "An act to enable cities of the 
fifth class to issue bonds for the purpose of raising money to purchase 
school lots, and for building or purchasing one or more schoolhouses, and 
supplying the same with furniture, necessary apparatus, and improving the 
grounds, and for liquidating any indebtedness already incurred for such 
purposes,” is hereby repealed. 

Sec. 11. This act shall take effect and be in force from and after its 
passage. 


SCHOOL DISTRICTS. 


FIFTH CLASS CITIES. 

Act 3582. 

(NOTE.—See also act 3567 on page 385) 

An act to regulate the issue of bonds of school districts in cities of the fifth 
class, and school districts partly within and partly without such cities 
of the fifth class. (Approved March 20, 1909. Stats. 1909, p. 528.) 


Sec. 1. School bonds, in cities of fifth class. The board of education 
of any school district in a city of the fifth class, or of any school district 
which embraces territory, a portion of which is within and a portion of 
which is without such city of the fifth class, may, when in their judgment 
it is advisable, and must when requested by the board of trustees of such 
city, call an election and submit to the electors of the district whether the 
bonds of such district shall be issued and sold for the purpose of raising 
money fo purchase school lots and for building or purchasing (or repairing) 
one or more schoolhouses, and supplying the same with furniture, necessary 
apparatus, and improving the grounds, and for liquidating any indebtedness 
already incurred for such purposes. 

Sec. 2. Election, how called. Such election must be called by posting 
notices, signed by the board of education, in three of the most public places 
in the district, for not less than twenty days before the election, and by 
publishing such notices in some newspaper published in such city, not less 
than once a week for three successive weeks. 

Sec. 3. Notice to contain, what. Such notices must contain: 

1. The-time and place of holding such election. 

2. The names of one inspector and two judges in each voting precinct 
in said district, to conduct the same. 

3 . The hours during the day, not less than six hours, in winch the polls 
will be open. 

4 . The amount and denomination of the bonds, the rate of interest, and 
the number of years, not exceeding forty, the whole or any part of said 
bonds are to run. 


School bond 
elections. 


Notices, vheu 
to be posted. 


Contents of 
Notice. 




396 


CALIFORNIA ELECTION LAWS. 


Ballot, 
form of. 


Procedure for 
issuing bonds 


Board of 
supervisors 
to prescribe. 


Interest, when 
payable. 


Annually to 
pay interest 
and principal 
installments. 


Where paid. 


In case pay¬ 
ments are 
refused. 


Sec. 4. General election law to govern. Such election shall be held, in 
all respects as nearly as practicable, in conformity with the general election 
law; provided, that no particular form of ballot shall be required, excepting 
that the words to appear on the ballots, which shall be 11 Bonds—Yes/’ 
or “Bonds—No"; nor shall any informalities, not amounting to fraud in 
conducting such election, invalidate the same. 

Sec. 5. Canvass of returns. On the seventh day after said election, at 
1 o'clock P. M., the returns having been made to the board of education, 
the board must meet and canvass said returns, and if it appears that two- 
thirds of the votes cast at said election were in favor of issuing such bonds, 
then the board shall cause an entry of that fact to be made upon its 
minutes, and shall certify to the board of supervisors of the county in 
which said district is located, the proceedings had in the premises; and 
thereupon said board of supervisors shall be and they are hereby authorized 
and directed to issue the bonds of such district to the number and amount 
provided in such proceedings, payable out of the bond fund of such district 
(naming the same), and that the money shall be raised by taxation upon 
the taxable property in said district for the redemption of said bonds, and 
the payment of the interest thereon; provided, that the total amount of 
bonds so issued shall not exceed five per cent of the taxable property of the 
district, as shown by the last equalized assessment of the property in such 
school district. 

Sec. 6. Form of bonds. The board of supervisors, by an order entered 
upon its minutes, shall prescribe the form of said bonds, and of the interest 
coupons attached thereto, and must fix the time when the whole or any 
part of the principal of said bonds shall be payable, which shall not be 
more than forty years from the date thereof. 

Sec. 7. How sold; interest rate. Said bonds must be payable in gold 
coin of the United States, must be signed by the president of the board of 
supervisors, and countersigned by the clerk of the county, who must affix 
the county seal thereto; must not bear a greater rate of interest than eight 
per cent, said interest to be payable semi-annually in like gold coin; and 
said bonds must be sold in the manner prescribed by the board of super¬ 
visors, but for not less than par, in gold coin of the United States, and 
the proceeds of the sale thereof must be deposited in the county treasury 
to the credit of the building fund of said school district, and be drawn out 
for the purpose aforesaid, as other school moneys are drawn out. 

Sec. 8. Tax levy. The county board of supervisors snail annually, at 
the time of levying taxes for county purposes, levy a tax upon the taxable 
property within such district, sufficient to pay the annual interest on such 
bonds and to pay the principal in equal annual installments; but the order 
directing the issue of bonds may prescribe that the payment of the prin¬ 
cipal may be deferred for not more than five years. All moneys so collected 
shall be paid into the county treasury and used for the payment of interest 
and principal of such bonds, and for no other purpose. The county auditor 
shall issue his warrants for the payment of interest and installments, and 
cancel all coupons and bonds redeemed and file them with the county treas¬ 
urer. The provisions of this section shall, so far as applicable, govern any 
bonds that may have been heretofore issued by such school districts. 

Sec. 9. Guarantee to bond-holder. If payment of any coupon or bond 
lawfully isuued by any such school district should, after presentation and 
demand of payment at the office of the county treasurer, be refused, the 
owner may file such bond, together with all unpaid interest coupons, with 
the State controller, taking his receipt therefor, and the same shall be 
registered in the State controller's office; and the State board of equaliza¬ 
tion shall, at their next session, and at each annual equalization thereafter, 
add to State tax to (be) levied in said district a sufficient rate to raise 
the amount of principal and interest past due prior to the next levy, and 
the same shall be levied and collected as a part of the State tax, and paid 
into the State treasury, and passed to the special credit of such district 
bond tax, and shall be paid by warrants, as the payments mature, to the 


SCHOOL LIBRARY DISTRICTS. 


397 


holder (of) such registered obligations, as shown by the register in the 
office of the State controller, until the same shall be fully satisfied and 
discharged; any balance then remaining shall be transmitted to the treas¬ 
urer of the county in which is situated the district by which such bonds 
were issued, and shall be placed by the county treasurer to the credit of 
the general school fund of said district. 


SCHOOL LIBRARY DISTRICTS. 

An act to allow union high school districts to establish, equip and maintain 
public libraries; to provide for the formation, government and opera^- 
tion of such library districts; the acquisition of property thereby; the 
calling and holding of elections in such districts; the assessment, col¬ 
lection, custody and disbursement of taxes therein. 

The people of the State of California, represented in senate and assembly, 
do enact as follows: (Became a law without governor’s approval 
March 24, 1911.) 

Sec. 1. Union high school district may establish public library. Any 

nnion high school district of this State may establish, equip and maintain 
a public library for the dissemination of a knowledge of the arts, sciences 
and general literature, in accordance with the provisions of this act. 

Sec. 2. Petition to supervisors. Upon the application, by petition, of 
fifty or more taxpayers and residents of any union high school district to 
the board of supervisors in the county in which said union high school 
district is located, praying for the formation of a library district, and 
setting forth the boundaries of the said proposed district; the said board 
of supervisors must, within ten days after receiving said petition, by reso¬ 
lution, order that an election be held in the said proposed district for the 
determination of the question and shall appoint three qualified electors 
thereof to conduct said election. 

Sec. 3. Notice of election. Said election shall be called by posting 
notice thereof in three of the most public places in said proposed library 
district, and by publication in a daily or weekly paper therein, if there be 
one, at least once a week for not less than fifteen days. Said notices must 
specify the time, place and the purposes of said election, and the hours 
during which the polls will be kept open; provided, that in districts with 
a population of ten thousand or over, the polls must be opened at eight 
o’clock A. M., and kept open until seven o’clock P. M., and in districts 
where the population is less than ten thousand, the polls must not be opened 
before one o’clock P. M., and must be kept open not less than six hours. 

Sec. 4. Election, how conducted. Said election shall be conducted in 
accordance with the general election laws of this State, where applicable, 
without reference to form of ballot or manner of voting, except that the 
ballots shall contain the words, “For union high-school library district,” 
and the voter shall write or print after said words on his ballot the word 
“Yes,” or the word “No.” 

Sec. 5. Who may vote. Every qualified elector, resident within the 
proposed district for the period requisite to enable him to vote at a general 
election, shall be entitled to vote at the election above provided for. 

Sec. 6. Report of result. It shall be the duty of the election officers to 
report the result of said election to the board of supervisors within five 
days subsequent to the holding thereof. 

Sec. 7. Two-thirds vote for. If two-thirds of the votes at said election 
shall be in favor of a union high school library district, the said board of 
supervisors must, by resolution, establish said library district, and place 
the said district in the control of the trustees of said union high school dis¬ 
trict. Said trustees shall severally hold office during the term for which 
they shall have been elected as trustees of such union high school district. 


Election, by 
whom con¬ 
ducted and 
when held. 


When to be 
published. 


Polls open. 


Ballot, foi-m 
of. 


When to be 
filed. 


Board of 
supervisors 
to establish 
district. 



398 


CALIFORNIA ELECTION LAWS. 


Sec. 8. One-third vote against. If one-third of the votes cast shall be 
against a library district, the board of supervisors shall, by order, so de¬ 
clare; no other proceedings shall be taken in relation thereto until the ex¬ 
piration of one year from the date of presentation of the petition. 

Sec. 9. Record on minutes of supervisors. The fact of the presentation 
of the petition, and the order establishing the library district shall be 
entered in the minutes of the board of supervisors and shall be conclusive 
evidence of the due presentation of a proper petition, and that each of the 
petitioners was, at the time of signature and presentation of the petition, 
a taxpayer and resident of the proposed district, and of the fact and reg¬ 
ularity of all prior proceedings of every kind and nature provided for by 
this act, and of the existence and validity of the district. 

Meetings, Sec. 10. Library trustees, meetings, etc. Boards of library trustees 

when to ’ho shall meet at least once a month, at such time and place as they may fix 
held - by resolution. Special meetings may be called at any time by two trustees, 

by written notices served upon each member at least twelve hours before 
the time specified for the meeting. Three members shall constitute a 
quorum for the transaction of business. At its first meeting held after the 
first day of July the board shall organize by electing one of its number 
president, and another one of its number secretary, they shall serve as 
such for one year or until their successors are elected and qualified. Such 
board shall cause a proper record of its proceedings to be kept, and at 
the first meeting of the board of trustees of any library formed under the 
provisions of this act, it must immediately cause to be made out and filed 
with the State librarian at Sacramento a certificate showing that such 
library has been established, with the date thereof, the names of the trustees, 
and the officers of the board chosen for the current fiscal year. 

Sec. 11. Powers. The board of library trustees, as herein provided for, 
and their successors, shall be authorized and they are hereby empowered, 
and it shall be their duty: 

Duty of lib- First—To make and enforce all rules, regulations and by-laws necessarv 

rary trustees. f or the administration, government and protection of the libraries under 
their management, and all property belonging thereto. 

Second—To administer any trust declared or created for such libraries, 
and receive by gift, devise, or bequest, and hold in trust or otherwise, 
property situated in this State or elsewhere, and where not otherwise 
provided, dispose of the same for the benefit of such libraries. 

Third—To prescribe the duties and powers of the librarian, secretary, 

. and other officers and employees of any such libraries; to determine the 
number of and appoint all such officers and employees, and fix their com¬ 
pensation, which said officers and employees shall hold their offices and 
positions at the pleasure of said boards. 

Fourth—To purchase necessary books, journals, publications and other 
personal property. 

Fifth—To purchase such real property, and erect or rent and equip, 
such building or buildings, room or rooms, as in their judgment may be 
necessary to properly carry out the provisions of this act. 

Sixth—To require the secretary of State and other State officials to 
furnish such libraries with copies of any and all reports, laws, and other 
publications of the State not otherwise disposed of by law. 

• Seventh—To borrow books from, lend books to and exchange the same 

with other libraries, and to allow non-residents to borrow books upon 
such conditions as the board may prescribe. 

Eighth—To do and perform any and all other acts and things" necessary 
or proper to carry out the provisions of this act. 

Ninth—To file, through their secretary, on or before the last day in the 
month of July of each year, a report with the State librarian at Sacra¬ 
mento giving the condition of their library and the number of volumes 
contained thereon on the thirtieth day of June preceding. 


SCHOOL LIBRARY DISTRICTS. 


399 


Tenth To designate the hours during which the library shall be open 
for the use of the public; provided, however, that all public libraries 
established under the provisions of this act, shall be open for the use 
of the public at all reasonable times. 

Sec. 12. Yearly estimate of expenses. In any library district formed 
under the provisions of this act, which is now maintaining a public library, 
or which shall have petitioned for and has been granted permission to 
establish, and' intends to maintain, a public library in accordance with 
this act; it shall be the duty, of the board of library trustees therein, 
to furnish to the board of supervisors of the county wherein 
said library district is situated each and every year, on or before 
the first day of September an estimate of the cost of leasing temporary 
quarters; purchasing a suitable lot; of procuring plans and specifications 
and erecting a suitable building; of furnishing and equipping the same, 
and of fencing and ornamenting the grounds, for the accommodation of 
the public library, and of conducting and maintaining the same for the 
ensuing fiscal year, or for any or all of said purposes; provided, however, 
that the board of library trustees, may when in its judgment it is 
deemed advisable, and upon the petition of fifty or more taxpayers residing Bond election 
within said library district; must, call an election and submit to the 
electors of the said library district whether the bonds of said library district 
shall be issued and sold for any or all of the purposes of this act. 

Sec. 13. Tax levy. When such estimate shall have been submitted to 
the board of supervisors of any county in which a public library district 
has been established, the said board of supervisors, must, at the time of 
levying county taxes, levy a special tax upon all the taxable property 
within the limits of said library district, sufficient in amount to maintain 
the said union high school library, or to purchase the site, erect and equip 
the building, improve the grounds or buildings, or for any or all of the 
purposes of this act. 'The taxes so levied shall be computed, entered upon How 
the tax-roll, and collected in the same manner as other taxes are com- computed, 
puted, entered and collected. 

Sec. 14. Library fund. The revenue derived from said tax, together 
with all money acquired by gift, devise, bequest, or otherwise, for the pur¬ 
poses of the library, shall be paid into the county treasury to the credit 
of the library fund of the district wherein said tax was collected, subject 
only to the order of the library trustees of said district. If such payment 
into the treasury should be inconsistent with the terms or conditions of 
any such gift, devise, or bequest, the board of library trustees shall provide 
for the safety and preservation of the same, and the application thereof 
to the use of the library, in accordance with the terms and conditions 
of such gift, devise, or bequest. 

Sec. 15. Library free to inhabitants. Every union high school library 
established under the provisions of this act shall be forever free to the 
inhabitants and non-resident taxpayers of the library district, subject 
always to such rules, regulation, and by-laws as may be made by the board 
of library trustees; also provided, that for violation of the same a person 
may be fined or excluded from the privileges of the library. 

Sec. 16. Contracts with neighboring districts. Boards of library 
trustees and the boards of trustees of neighboring library districts, or the 
legislative bodies of neighboring municipalities, or boards of supervisors 
of the counties in which public libraries are situated, may contract to lend 
the books of such libraries to residents of such counties or neighboring 
municipalities, or library districts; upon a reasonable compensation to be 
paid by such counties, neighboring municipalities, or library districts. 

Sec. 17. Title to property. The title to all property acquired for the 
purposes of such libraries, when not inconsistent with the terms of its 
acquisition, or not otherwise designated, shall vest in the district in 
which such libraries are, or are to be situated. Every library district must 

be designated by the name and style of. library district, (using 

the name of ‘ the district), of. county, (using 




400 


CALIFORNIA ELECTION LAWS. 


Board of 
Trustees to 
call election. 


Form of 
Ballot. 


Polls, opening 
and closing 
of. 

When to be 
made. 


Board of 
supervisors 
to issue, 
bonds. 


Maximum 

bonds. 


Duration of 
bonds. 


Bonds, how 
to be sold. 


Duty of 
board of 
supervisors. 


the name of the county in which said district is situated); and in that 
name the trustees may sue and be sued, and may hold and convey property 
for the use and benefit of such district. A number must not be used as 
a part of the designation of any library district. 

Sec. 18. Bond election. The board of trustees of any library district 
may, when in their judgment it is deemed advisable, and must, upon a 
petition of fifty or more taxpayers and residents of said library district, 
call an election and submit to the electors of the district, whether the 
bonds of such district shall be issued and sold for the purpose of raising 
money for the purchase of suitable lots, or procuring plans and specifica¬ 
tions and of erecting a suitable building, of furnishing and equipping the 
same, and of fencing and ornamenting the grounds, for the accommodation 
of the union high school library, or for any or all of said purposes, or for 
any or all of the purposes of this act; for liquidating any indebtedness 
incurred for said purposes, and for refunding any outstanding valid in¬ 
debtedness, evidenced by bonds or warrants of the district. 

Sec. 19. Ballot and voting. Voting must be by ballot (without refer¬ 
ence to the general election law in regard to form of ballot, or manner of 
voting), except that the words to appear on the ballot shall be “Bonds 
—Yes,” and “Bonds—No,” and except further, that persons voting at 
such bond election shall put a cross (X) upon their ballots with pencil or 
ink, after the words, “Bonds—Yes,” or “Bonds—No,” (as the case may 
be) to indicate whether they have voted for or against the issuance of 
the bonds; which said ballot shall be handed by the elector voting to the 
inspector, who shall then, in his presence, deposit the same in the ballot- 
box, and the judges shall enter the elector’s naftie on the poll list. The 
polls must be open during said election from eight A. M. to five P. M. 

Sec. 20. Canvass of votes. On the seventh day after said election, at 
eight o ’clock P. M., the returns having been made to the board of trustees 
the board must meet and canvass said returns, and if it appears that a 
two-thirds of the votes cast at said election was in favor of issuing such 
bonds, then the board shall cause an entry of such fact to be made upon 
its minutes and shall certify to the board of supervisors of the county, all 
the proceedings had in the premises, and thereupon said board of supervi- 
visors shall be and they are hereby authorized and directed to issue the 
bonds of said district, to the number and amount provided in such pro¬ 
ceedings, payable out of the building fund of such district, naming the 
same, and that the money shall be raised by taxation upon the taxable 
property in said district, for the redemption of said bonds and the pay¬ 
ment of the interest thereon; provided, that the total amount of bonds so 
issued shall not exceed five per cent of the taxable property of said 
district as shown by the last equalized assessment book of the county. 

Sec. 21. Bonds, forms, interest, etc. The board of supervisors by an order 
entered upon its minutes shall prescribe the form of said bonds and of the 
interest coupons attached thereto, and must fix the time when the whole 
or any part of the principal of said bonds shall be payable, which shall not 
be more than forty years from the date thereof. 

Sec. 22. Maximum interest. Said bonds must not bear a greater amount 
of interest than six per cent, said interest to be (payable annually or semi¬ 
annually; and said bonds must be sold in the manner prescribed by the 
board of supervisors, but for not less than par, and the proceeds of the 
sale thereof must be deposited in the county treasury to the credit of the 
building fund of said library district, and be drawn out for the purposes 
aforesaid as other library moneys are drawn out. 

Sec. 23. Tax levy for interest, etc., <on bonds. The board of supervisors, 
at the time of making the levy of taxes for county purposes, must levy a 
tax for that year upon the taxable property in such district, at the equal¬ 
ized assessed value thereof for that year, for the interest and redemption of 
said bonds, and such tax must not be less than sufficient to pay the 
interest of said bonds for that year, and such portion of the principal 
as is to become due during such year, and in any event must be high 


SCHOOL LIBRARY DISTRICTS. 


401 


enough to raise, annually, for the first half of the term said bonds have 
to run, a sufficient sum to pay the interest thereon; and, during the 
balance of the term, high enough to pay such annual interest, and to pay, 
annually, a proportion of the principal of said bonds equal to a sum 

produced by taking the whole amount of said bonds outstanding and 
dividing it by ‘the number of years said bonds then have to run, and all 
moneys so levied, when collected, shall be paid into the county treasury to 
the credit of the said library district, and be used for the payment of 

principal and interest on said bonds, and for no other purpose. The 

principal and interest on said bonds shall be paid by the county treasurer, 

upon the warrant of the county auditor, out of the fund provided therefor; 
and it shall be the duty of the county auditor to cancel and file with the 
county treasurer the bonds and coupons as rapidly as tney are paid. 

Sec. 24. Unsold bonds. Whenever any bonds issued under the provi¬ 
sions of this act shall tfe/main unsold for the period of six months after 
having been offered for sale in the manner prescribed by the board of 
supedvisors, the board of trustees of the library district for or on account 
of which said bonds were issued, or of any library district composed 
wholly, or partly of territory which, at the time of holding the election 
authorizing the issuance of such bonds, was embraced within the district 
for or on account of which such bonds were issued, may petition the board 
of supervisors to cause such unsold bonds to be withdrawn from 
market and cancelled. Upon receiving such petition, signed by a majority 
of the members of said board of trustees, the supervisors shall fix a time 
for hearing the same, which shall be not more than thirty days thereafter, 
and shall cause a notice, stating the time and place of hearing, and the 
object of the petition in general terms, to be published for ten days prior 
to the day of hearing, in some newspaper published in said library district, 
if there is one, and if there is no newspaper published in said library 
district, then in a newspaper published at the county seat of the county 
in which said library district or part thereof is situated. At the time and 
place designated in the notice for hearing said petition, or at any subse¬ 
quent time to which said hearing may be postponed, the supervisors shall 
hear any reasons that may be submitted for or against the granting of the 
petition, and if they shall deem it for the best interest of the library district 
named in the petition that such unsold bonds be cancelled, they shall make 
and enter an order in the minutes of their proceedings tliat said unsold 
bonds be cancelled, and thereupon said bonds, and the vote by which they 
were authorized to be issued, shall cease to be of any validity whatever. 

Sec. 25. Dissolution of district. The district may at any time be dis¬ 
solved upon the vote of two-thirds of the qualified electors thereof, upon 
an election called by the library trustees of such district, upon the question 
of dissolution. Such election shall be called and conducted in the same 
manner as other elections of the district. Upon such dissolution, the prop¬ 
erty of the district shall vest in any union high school district in which 
said library is situated; provided, however, that if, at the time of such 
election to dissolve such district, there be any outstanding bonded indebted¬ 
ness of such district, the vote to dissolve such district shall dissolve the same 
for all purposes excepting only the levy and collection of taxes for the 
payment of such indebtedness; and from the time such district is thus dis¬ 
solved until such bonded indebtedness, with the interest thereon, is fully 
paid, satisfied and discharged, and the board of supervisors is hereby con¬ 
stituted ex-officio the library board of such district. And it is hereby 
made obligatory upon such board to levy such taxes and perform such other 
acts as may be necessary in order to raise money for the payment of such 
indebtedness and the interest thereon, as herein provided. 

Sec. 26. Repeal of prior conflicting acts. All acts or parts of acts con¬ 
flicting with the provisions of this act are hereby repealed. 

Sec. 27. Definitions. Where the words “trustees ’ 1 or “library trustees” 
appear in this act the same shall be construed to mean the regularly elected 
union high school trustees and where the words “library,” ‘'‘library 


Supervisor*! 
may be peti¬ 
tioned to 
cause same 
withdrawn 
from market. 


Election to 

dissolve 

district. 


402 


CALIFORNIA ELECTION LAWS. 


district,” or “ library districts” appear in this act, the same shall be 
construed to mean “ union high school library districts.” 

Sec. 28. This act shall take effect immediately. 

(Became a law, under constitutional provision, without Governor’s ap¬ 
proval, March 24, 1911.) 


Unincorpor¬ 
ated town or 
villfcgy. may 
establish pub 
lie library. 

Petition to 
supervisors. 


Notice of 
election, 
when to be 
published. 


Polls, opening 
and closing 
of. 


Ballot, form 

of. 


Who may 
vote. 


When to be 
filed. 


Board of 
supervisors 
to establish 
district. 

Election of 
trustees. 

Term of 
office. 


LIBRARY DISTRICTS. 

An act to allow unincorporated towns and villages to establish, equip, and 
maintain public libraries; to provide for the formation, government, 
and operation of library district; the acquisition of property thereby; 
the calling and holding of elections in such district; the assessment, 
collection, custody and disbursement of taxes therein; and to create 
boards of library trustees (Approved April 12, 1909. Stats. 1909, 
p. 815). (Amended March 13, 1911.) 

Sec. 1. Libraries in unincorporated towns. Any unincorporated town or 
village of this State may establish, equip and maintain a public library for 
the dissemination of a knowledge of the arts, sciences and general litera¬ 
ture, in accordance with the provisions of this act. 

Sec. 2. Manner of establishing. Upon the application, by petition, of 
fifty or more taxpayers and residents of said town or village to the board 
of supervisors in the county in which said town or village is located, praying 
for the formation of a library district, and setting forth the boundaries 
of the said proposed district; the said board of supervisors must, within ten 
days after receiving said petition, by resolution, order that an election be 
held in the said proposed district for the determination of the question, and 
shall appoint three qualified electors thereof to conduct said election. 

Sec. 3. Election, how called. Said election shall be called by posting 
notice thereof in three of the most public places in said proposed library 
district, and by publication in a daily or weekly paper therein, if there be 
one, at least once a week for not less than fifteen days. Said notices must 
specify the time, place, and the purposes of said election, and the hours 
during which the polls will be kept open; provided, that in districts with 
a population of ten thousand or over, the polls must be opened at eight 
o’clock A. M., and kept open until seven o’clock P. M., and in districts 
where the population is less than ten thousand, the polls must not be opened 
before one o’clock P. M., and must be kept open not less than six hours. 

Sec. 4. Conduct of election. Said election shall be conducted in accord*- 
ance with the general election laws of this State, where applicable, with¬ 
out reference to form or ballot or manner of voting, except that the ballots 
shall contain the words, “For library district,” and the voter shall write 
or print after said words on his ballot the word “Yes,” or the word 
“No.” 

Sec. 5. Electors, qualifications of. Every qualified elector, resident 
within the proposed district for the period requisite to enable him to vote 
at a general election, shall be entitled to vote at the election above provided 
for. 

Sec. 6. Report of result. It shall be the doty of the election officers 
to report the result of said election to the board of supervisors within 
five days subsequent to the holding thereof. 

Sec. 7. Trustees, appointment of. If a majority of tlie votes at said 
election shall be in favor of a library district, the said board of supervisors 
must, by resolution, establish said library district, and must appoint three 
trustees, who must be qualified electors and residents within the limits 
of the proposed library district, to be known and called a board of library 
trustees, of the town or village for which they are appointed. Such 
trustees shall severally hold office for three years from the first day of 
July next succeeding their election and until their successors are elected 
and qualified; serving without compensation; provided however, that the 
members of the first board appointed shall be so classified by the board 



LIBRARY DISTRICTS. 


403 

of supervisors at the time of their appointment, that one of their member 
shall go out of office on the thirtieth day of June next succeeding his 
appointment, one at the end of one year thereafter, and the other at the 
end of two years thereafter. Vacancies shall be filled by the board of 
supervisors by appointment for the unexpired term. 

Sec. 8. Proceedings if proposition be defeated. If a majority of the 
votes cast shall be against a library district, the board of supervisors shall, 
by order, so declare; no other proceiedings shall be taken in relation there¬ 
to until the expiration of one year from the date of presentation of the 
petition. 

Sec. 9. Facts establishing the validity of district. The fact of the 
presentation of the petition, and the order establishing the library district 
and making the appointment of the three library trustees, shall be entered 
in the minutes of the board of supervisors and shall be conclusive evidence 
of the due presentation of a proper petition, and that each of the petitioners 
was, at the time of signature and presentation of the petition, a taxpayer 
and resident of the proposed district, and of the fact and regularity of all 
prior proceedings of every kind and nature provided for by this act, and of 
the existence and validity of the district. 

Sec. 10. Trustees, meetings of. Boards of library trustees shall meet at 
least once a month, at such time, and place as they may fix by resolution. 
Special meetings may be called at any time by two trustees, by written 
notices served upon each member at least twelve hours before the time 
specified for the meeting. Two members shall constitute a quorum for the 
transaction of business. At its first meeting held after the first day of 
July the board shall organize by electing one of its number president, and 
another one of its number secretary; they shall serve as such for one year 
or until their successors are elected and qualified. Such boards shall cause 
a proper record of its proceedings to be kept, and at the first meeting of the 
board of trustees of any library formed under the provisions of this act, 
it must immediately cause to be made out and filed with the State librarian 
at Sacramento a certificate showing that such library has been established, 
with the date thereof, the names of the trustees, and the officers of the 
board chosen for the current fiscal year. 

Sec. 11. Powers and duties of trustees. The board of library trustees 
so appointed by the said board of supervisors and their successors, shall 
be authorized and they are hereby empowered, and it shall be their duty: 

First—To make and enforce all rules, regulations and by-laws necessary 
for the administration, government and protection of the libraries under 
their management, and all property belonging thereto. 

Second—To administer any trust declared or created for such libraries, 
and receive by gift, devise, or bequest, and hold in trust or otherwise, 
property situated in this State or elsewhere, and where, not otherwise 
provided, dispose of the same for the benefit of such libraries. 

Third—To prescribe the duties and powers of the librarian, secretary, and 
other officers and employees of any such libraries; to determine the number 
of and appoint all such officers and employees, and fix their compensation, 
which said officers and employees shall hold their offices and positions at 
the pleasure of said boards. 

p our th—To purchase necessary books, journals, publications and other 
personal property. 

Fifth—To purchase such real property, and erect or rent and equip, 
such building or buildings, room or rooms, as in their judgment may be 
necessary to properly carry out the provisions of this act. 

Sixth—To require the secretary of State-and other State officials to 
furnish such libraries with copies of any and all reports, laws, and other 
publications of the State not otherwise disposed of by law. 

Seventh—To borrow books from, lend books to and exchange the same 
with other libraries, and to allow nonresidents to borrow books upon such 
conditions as the board may prescribe. 

Eighth—To do and perform any and all other acts and things necessary 
or proper to carry out the provisions of this act. 


Vacancies, 
how filled. 


Record on 
minutes of 
supervisors. 


Meeting, 
when held. 


Duty of 
trustees. 


404 


CALIFORNIA ELECTION LAWS. 


Yearly est¬ 
imate of 
expenses. 


Bond 

election. 


How 

computed. 


Library fund. 


Library free 
to inhab¬ 
itants.’ 


Lending of 
books to 
neighboring 
districts. 


Ninth—To file, through their secretary, on or before the last day in the 
month of July of each year, a report with the State librarian at Sacramento 
giving the condition of their library and the number of volumes contained 
therein on the thirtieth day of June preceding. 

Tenth—To designate the hours during which the library shall be open 
for the use of the public; provided however, that all public libraries 
established under the provisions of this act, shall be open for the use of 
the public during every day in the year. 

Sec. 12. Estimates of cost. In any library district formed under the 
provisions of this act, which is now maintaining a public library, or 

which shall have petitioned for and has been granted permission to 

establish, and intends to maintain a public library in accordance with 
this act, it shall be the duty of the board of library trustees therein, to 
furnish to the board of supervisors of the county wherein said library district 
is situated, each and every year, on or before the first day of September, 
an estimate of the cost of leasing temporary quarters, purchasing a suitable 
lot, of procuring plans and specifications and erecting a suitable building, 
of furnishing and equipping the same, and of fencing and ornamenting 

the grounds, for the accommodation of the public library, and of 

conducting and maintaining the same for the ensuing fiscal year, or for 
any or all of said purposes; provided however, that the board of library 
trustees, may, when in its judgment it is deemed advisable, and upon the 
petition of fifty or more taxpayers residing within said library district, 
must call an election and submit to the electors of the said library district 
whether the bonds of said library district shall be issued and sold for any 
or all of the purposes of this act. 

Sec. 13. Special tax levy. When such estimate shall have been sub¬ 
mitted to the board of supervisors of any county in which a public library 
district has been established, the said board of supervisors must, at the 
time of levying county taxes, levy a special tax upon all of the taxable 
property within the limits of the said library district, sufficient in amount 
to maintain the said public library, or to purchase the site, erect and 
equip the building, improve the grounds or building, or for any or all of 
the purposes of this act. The taxes so levied shall be computed, entered 
upon the tax-roll, and collected in the same manner as other taxes are 
computed, entered and collected. 

Sec. 14. Disposition of revenue. The revenue derived from said tax 
together with all money acquired by gift, devise, bequest, or otherwise, for 
the purposes of the library, shall be paid into the county treasury to the 
credit of the library fund of the district wherein said tax was collected, 
subject only to the order of the library trustees of said district. If such 
payment into the treasury should be inconsistent with the terms or condi¬ 
tions of any such gifts, devise, or bequest, the board of library trustees 
shall provide for the safety and preservation of the same, and the applica¬ 
tion thereof to the use of the library, in accordance with the terms and 
conditions of such gift, devise or bequest. 

Sec. 15. Library to be free. Every library established under the 
provisions of this act shall be forever free to the inhabitants and non¬ 
resident taxpayers of the library district, subject always to such rules, 
regulations and by-laws as may be made by the board of library trustees; 
also provided, that for violations of the same a person may be fined or 
excluded from the privileges of the library. 

Sec. 16. Loan of books. Boards of library trustees and the boards of 
trustees of neighboring library district, or the legislative bodies of neigh¬ 
boring municipalities, or boards of supervisors of the counties in which 
public libraries are situated, may contract to lend the books of such 
libraries to residents of such counties or neighboring municipalities or 
library districts, upon a reasonable compensation to be paid by such coun¬ 
ties, neighboring municipalities, or library districts. 

Sec. 17. Title to library property. The title to all property acquired 
for the purposes of such libraries, when not inconsistent with the terms of 
its acquisition, or not otherwise designated, shall vest in the district in 


LIBRARY DISTRICTS. 


405 


which such libraries are, or are to be situated. Every library district 

must be designated by the name and style of. library district, 

(using the name of the district), of.county, (using the name of the 

county in which said district is situated); and in that name the trustees 

may sue and be sued, and may hold and convey property for the use and 

benefit of such district. A number must not be used as a part of the 

designation of any library district. 

Sec. 18. Election for trustees. An election for library trustees must 
be held in each library district, annually, at the public library, if there is 
one, and if there is none, at the place to be designated by the board of 
trustees; for the election of one library trustee, who shall hold office 
for three years dating from the first day of July next succeeding his 
election, or until his successor shall be elected, or appointed and qualified. 

Sec. 19. Number of trustees. The number of library trustees for any 
library district established under the provisions of this act, shall be three. 

Sec. 20. Notice of election. Not less than ten days before the election 
required in section eighteen of this act, the trustees must post notices in 
three public places in the district, one of which places shall be the public 
library; which notices must specify the time and place of election, and 
the hours during which the polls will be kept open; if ^ithin five days 
of holding the election the trustees have failed to post the notices required 
under this section, then any three electors of the district may give notice. 

Sec. 21. Conduct of election. Boards of trustees must appoint one 
inspector and two judges to conduct the said election; if none are so 
appointed, or, if those appointed are not present at the opening of the 
polls, the electors present may appoint them, and they shall conduct the 
election. Any member of the board of library trustees is hereby qualified 
to administer the oath and swear in the election officers. 

Sec. 22. Polls, opening and closing. In library districts with a popula¬ 
tion of ten thousand or over, the polls must be open at eight o ’clock 
A. M., and kept open until seven o’clock P. M.; in districts where thq 
population is less than ten thousand the polls must not be opened before 
one o ’clock P. M., and must be kept open not less than six hours. 

Sec. 23. Electors, qualifications of. Every elector, resident of the 
library district, who is a qualified elector of the county, and who is 
registered in the district where the election is held at least thirty days 
before the election, may vote thereat. 

Sec. 24. Voting. Voting must be by ballot (without reference to the 
general election law in regard to nominations, form of ballot, or manner 
of voting), which shall be handed by the elector voting to the inspector, 
who shall then, in his presence, deposit the same in the ballot box, and 
the judges shall enter the elector’s name on the poll-list. 

Sec. 25. Challenges. Any person offering to vote may be challenged 
by any elector of the district, and the judges of election must thereupon 
administer to the person challenged an oath, in substance as follows: “You 
do swear that you are a citizen of the United States, that you are twenty- 
one years of age, that you have resided in this State one year, in this 
county ninety days, and in this library district thirty days preceding this 
election, and that your name is on the great register of this county and 
was on the great register of a precinct of this library district at least thirty 
days before this election, and that you have not before voted this day.” 
If he takes the oath prescribed in this section, his vote must be received, 
otherwise his vote must be rejected. 

Sec. 26. Poll-lists. A poll and tally list must be kept and must be 
returned to the board of library trustees. 

Sec. 27. Canvass of votes. The officers of election must publicly can¬ 
vass the votes immediately after closing the polls, and make, sign, and 
deliver certificates of election to the person elected, which must, with the 
oath of office of the person so elected attached, be forwarded to the county 
clerk and filed in his office. 


Naming of 
district. 


When held. 


Three. 


When to be 
posled. 


What to 
contain. 


Election, how 
conducted. 


Must be reg¬ 
istered thirty 
days before 
election. 


Oath to be 
administered. 


Certificate of 
election. 




406 


CALIFORNIA ELECTION LAWS. 


Board of , 
trustees may 
call election. 


Posting of. 


Notice, what 
to contain. 


Bond election, 
how con¬ 
ducted. 


Ballot, 
form of. 


When to be 
made. 


Board of 
supervisors 
to issue 
bonds. 


Maximum 

bonds. 


Sec. 28. Bonds, election for. The board of trustees of any library 
district may, when in their judgment it is deemed advisable, and must, 
upon a petition of fifty or more taxpayers and residents of said library 
district, call an election and submit to the electors of the district, whether 
the bonds of such district shall be issued and sold for the purpose of raising 
money for the purchase of suitable lots, of procuring plans and specifica¬ 
tions and of erecting a suitable building, of furnishing and equiqqing the 
same, and of fencing and ornamenting the grounds, for the accommodai- 
tion of the public library, or for any or all of the said purposes, or for 
any or all of the purposes of this act; for liquidating any indebtedness 
incurred for said purposes, and for refunding any outstanding va>lid 
indebtedness, evidenced by bonds or warrants of the district. 

Sec. 29. Notice of bond election. Such election must be called by 
posting notices, signed by the board, in three of the most public places 
in the district, for not less than twenty days before the election; and if 
there is a newspaper published in the district, or if not, a newspaper 
published in the county, by publishing such notice therein not less than 
once a week for three successive weeks. 

Sec. 30 What notice must contain. Such notice must contain; 

1. Time and place of holding such election; 

2. The names of inspectors and judges to conduct the same; 

3. The hours during the day in which the polls will be open; 

4. The amount and denomination of the bonds, the rate of interest and 
the number of years, not exceeding forty, the whole or any part of said 
bonds are to run. 

Sec. 31. Conduct of Election. The election shall be conducted in ac¬ 
cordance with the provisions of section twenty-one, twenty-two, twenty- 
three, twenty-five, twenty-six, twenty-seven, of this act, in so far as they 
are applicable to the election for bonds. 

Sec. 32. Voting. Voting must be by ballot (without reference to the gen¬ 
eral election law in regard to form of ballot or manner of voting), except 
that the words to appear on the ballot shall be, “Bonds—-Yes,” and “Bonds 
—No,” and except further, that persons voting at such bond election shall 
put a cross (X) upon their ballots, with pencil or ink, after the words 
“ Bonds—Yes,” or “Bonds—No,” (as the case may be) to indicate whether 
they have voted for or against the issuance of the bonds; which said 
ballot shall be handed by the elector voting to the inspector, who shall 
then in his presence, deposit the same in the ballot box, and the judges 
shall enter the elector’s name on the poll-list. 

Sec. 33. Canvass of returns. On the seventh day after said election, 
at eight o ’clock P. M., the returns having been made to the board of 
trustees, the board must meet and canvass said returns, and if it appears 
that two-thirds of the votes cast at said election were cast in favor of 
issuing such bonds, then the board shall cause an entry of such fact to be 
made upon its minutes and shall certify to the board of supervisors of the 
county, all the proceedings had in the premises, and thereupon said board 
of supervisors shall be and they are hereby authorized and directed to 
issue the bonds of said district, to the number and amount provided in such 
proceedings, payable out of the building fund of said district, naming the 
same, and that the money shall be raised by taxation upon the taxable 
property in said district, for the redemption of said bonds and the pay¬ 
ment of the interest thereon; provided, that the total amount of bonds so 
issued shall not exceed five per cent of the taxable property of said district, 
as shown by the last equalized assessment-book of the county. (Amend¬ 
ment approved March 13, 1911.) 

Sec. 34. Form of bonds. The board of supervisors by an order entered 
upon its minutes shall prescribe the form of said bonds and of the interest 
coupons attached thereto, and must fix the time when the whole or any 
part of the principal of said bonds shall be payable, which shall not be 
more than forty years from the date thereof. 


LIBRARY DISTRICTS. 


407 


Sec. 35. Interest. Said bonds must not bear a greater amount of 
interest than six per cent, said interest to be payable annually or semi¬ 
annually; and said bonds must be sold in the manner prescribed by the 
board of supervisors, but for not less than par, and the proceeds of the 
sale thereof must be deposited in the county treasury to the credit of the 
building fund of said library district, and be drawn out for the purposes 
aforesaid as other library moneys are drawn out. 

Sec. 36. Tax levy, for interest and redemption. The board of supervi¬ 
sors, at the time of making the levy of taxes for county purposes, must 
levy a tax for that year upon the taxable property in such district, at the 
equalized assessed value thereof for that year, for the interest and 
redemption of said bonds, and such tax must not be less than sufficient to 
pay the interest of said bonds for that year, and such portion of the principal 
as is to become due during such year, and in any event must be high 
enough to raise, annually, for the first half of the term said bonds have 
to run, a sufficient sum to pay the interest thereon, and during the balance 
of the term, high enough to pay such annual interest and to pay, annually, a 
proportion of the principal of said bonds equal to a sum produced by taking 
the whole amount of said bonds outstanding and dividing it by the number 
of years said bonds then have to run, and all moneys so levied, when 
collected, shall be paid into the county treasury to the credit of the said 
library district, and be used for the payment of principal and interest on 
said bonds, and for no other purpose. The principal and interest on said 
bonds shall be paid by the county treasurer, upon the warrant of the county 
auditor, out of the fund provided therefor; and it shall be the duty of the 
county auditor to cancel and file with the county treasurer the bonds and 
coupons as rapidly as they are paid. 

Sec. 37. Unsold bonds, disposition of. Whenever any bonds issued under 
the provisions of this act shall remain unsold for the period of six months 
after having been offered for sale in the manner prescribed by the board 
of supervisors, the board of trustees of the library district for or on 
account of which said bonds were issued, or of any library district composed 
wholly or partly of territory which, at the time of holding the election 
authorizing the issuance of such bonds, was embraced within the district 
for or on account of which such bonds were issued, may petition the board 
of supervisors to cause such unsold bonds to be withdrawn from 
market and cancelled. Upon receiving such petition, signed by a majority 
of the members of said board of trustees, the supervisors shall fix a time 
for hearing the same, which shall be not more than thirty days thereafter, 
and shall cause a notice, stating the time and place of hearing, and the 
object of the petition in general terms, to be published for ten days prior 
to the day of hearing, in some newspaper published in said library district, 
if there is one, and if there is no newspaper published in said library district, 
then in a newspaper published at the county seat of the county in which said 
library district or part thereof is situated. At the time and place desig¬ 
nated in the notice for hearing said petition, or at any subsequent time to 
which said hearing may be postponed, the supervisors shall hear any 
reasons that may be submitted for or against the granting of the petition, 
and if they shall deem it for the best interests of the library district 
named in the petition that such unsold bonds be cancelled, they shall 
make and enter an order in the minutes of their proceedings that said 
unsold bonds be cancelled, and thereupon said bonds, and the vote by 
which they were authorized to be issued, shall cease to be of any validity 
whatever. 

Sec. 38. Dissolution of district. The district may at any time be 
dissolved upon the vote of two-thirds of the qualified electors thereof, 
upon an election called by the library trustees of such district, upon the 
question of dissolution. Such election shall be called and conducted in the 
same manner as other elections of the district. Upon such dissolution, the 
property of the district shall vest in any incorporated town or city that 
may at such time be in occupation of a major portion of the territory of 
such library district and including within its town or city limits the 


Maximum 

interest. 


Duty of 
Board of 
supervisors. 


Supervisors 
may be peti¬ 
tioned to 
withdraw 
same from 
market. 


Election to 

dissolve 

district. 


408 


CALIFORNIA ELECTION LAWS. 


property and buildings wherein the library is situated; and if there be no 
such incorporated town or city, then the property shall be vested in the 
board of supervisors of the county until the formation of such a town 
or city; provided, however, that if, at the time of such election to dissolve 
such district, there be any outstanding bonded indebtedness of such 
district, the vote to dissolve such district shall dissolve the same for all 
purposes excepting only the levy and collection of taxes for the payment 
of such indebtedness; and from the time such district is thus dissolved 
until such bonded indebtedness, with the interest thereon, is fully paid, 
satisfied and discharged, the legislative authority of such incorporated 
town or city, or the board of supervisors, if there be no such incorporated 
town or city, is hereby constituted ex-officio the library board of such 
district. And it is hereby made obligatory upon such board to levy 
such taxes and perform such other acts as may be necessary in order to raise 
money for the payment of such indebtedness and the interest thereon, 
as herein provided. 

Sec. 39. All acts or part of acts conflicting with the provisions of this 
act are hereby repealed. 

Sec. 40. This act shall take effect immediately. 


HIGHWAYS. 

An act providing for the laying out, constructing, straightening, improve¬ 
ment and repair of main public highways in any county, providing for 
the voting, issuing, and selling of county bonds and the acceptance of 
donations to pay for such work and improvements, providing for a 
highway commission to have charge of such work and improvements, 
and authorizing cities and towns to improve the portions of such 
highways within their corporate limits and to issue and sell bonds 
therefor. 

(Approved March 19, 1907.) 

Amended 1909—1911—1913. 

Sec. 1. Bonds for county highways, appointment of commission. The 

board of supervisors of any county in the State, upon receiving a petition 
signed by freeholders electors of the county equal in number to at least 
ten per cent of the vote cast for governor in said county at the last election, 
praying that the matter of issuing bonds of the county for highway pur¬ 
poses be submitted to the electors of the county, may appoint a highway 
commission for such county, who shall perform the duties hereinafter 
specified. 

Sec. 2. County highway commission. Said highway commission shall 
consist of three members, who shall be, and have been for two years, 
bona fide residents and freeholders of such county, and shall be especially 
qualified to have charge of the improvement of highways. Said commis¬ 
sioners shall be appointed to serve for the term of two years and until 
their successors are appointed and qualified, and any vacancy in the 
commission shall be filled by appointment for the unexpired term; provided, 
however, that when the proposition for the issuance of bonds fails to 
carry at the election held under section 7 of this act, or when all the 
highway improvements for which bonds are voted under said section 7 
are completed, or, if there is a surplus in the highway improvement fund 
•after completion thereof, when said surplus has been expended on other 
highways, the existence of said highway commission shall cease. There¬ 
after another commission may be appointed uncler section 1 hereof. Each 
commissioner shall give a bond for the faithful performance of his duties, 
to be approved by the board of supervisors, in such amount as said board 
may require. No member of the board of supervisors can act or be 
appointed as a commissioner under this g^ct. 

(Amendment approved December 24, 1911). Also amended March 27, 
1911.) 



SUPPLEMENTAL INDEX TO 
HIGHWAYS. 


BOULEVARD DISTRICTS. 


LIGHTING DISTRICTS. 


(Page 408 to Page 422.) Pago 

HIGHWAYS (act for construction of, etc.).408 

Act, title of .408 

Bonds, sale of, Sec. 8.410 

Cost of repairs on highways to be paid out of general fund of 

county, Sec. 13 .;. 411 

Election for the issuance of bonds, by whom called, Sec. 7.1.409 

How conducted, Sec. 7.409 

Officers, number of, Sec. 7 .409 

Fund, duty of county auditor to issue warrants, Sec. 8.410 

Highway commission, appointment of, Sec. 1.408 

Compensation, Sec. 15 .412 

Duty of, Sec. 4 ..409 

Number of, term of office, Sec. 2..408 

Supervisors not to act as, Sec. 2.408 

To decide character of improvements, Sec. 10.410 

File statement with board of supervisors, 

when, Sec. 14 '..411 

Incorporated city may improve portion of highway, Sec. 12.411 

Land, acquiring of, in the name of county, procedure, Sec. 11.411 

Main public highways defined, Sec. 3 .409 

Precincts, consolidation of, Sec. 7 .409 

Petition for the issuance of bonds, duty of board of supervisors, Sec. 1....408 

Number of signers required, Sec. 1.408 

Surveys, how to be made, Sec. 5.409 

Work to be done on highways, manner of procedure, Sec. 9. 410 

BOULEVARD DISTRICTS (act to provide for formation of, etc.).412 

Act, title of .412 

Ballot, form of . for the issuance of bonds, Sec. 14.416 

On formation of, Sec. 7 .413 

Bonds, denomination, rate of interest, when payable, Sec. 15......416 

Form of, Sec. 15 .417 

. Limit of issue, Sec. 20 .-.418 

Signatures on, Sec. 15 .-•.417 

Boundaries, incorrectly described in petition, procedure on, Sec. 5.413 

Notice of intention to change, Sec. 4.....413 

Boulevard, defined, Sec. 12 . 415 

Where may be constructed, Sec. 12 .415 

Canvass of votes, how conducted, Sec. 8.415 

On election for formation of, Sec. 7...414 

Certificate of election, by whom issued, Sec. 8..415 

Commissioners of district, duties and power of, Secs. 9 & 11.415 

Election for, and term of office, Secs. 8 & 10....414-5 

Vacancies, how filled, Sec. 10.415 

When to furnish supervisors estimate of money needed, 

Sec. 16 .417 

District, how named, Sec. 1 .412 














































SUPPLEMENTAL INDEX TO 

BOULEVARD DISTRICTS—Continued. Page 

Election, for the issuance of bonds, by whom called and how 

conducted, Sec. 14 .416 

s When may not be called, Sec. 15.417 

Formation of, by whom called and how conducted, 

Secs. 6-7 . 413-4 

Expenses of, how paid, Sec. 22 .418 

Of officers, when held, and how conducted, Sec. 8.414 

Officers for election for issuance of bonds, Sec. 14.416 

On formation of, Sec. 7.413 

To dissolve district, when called and how conducted, Sec. 23....418 

Funds, establishment and repository of, Secs. 18-19.417-18 

Notice of election for election of officers, when posted and 

published, Sec. 8 .414 

Formation of, when to be published, Sec. 3.413 

Outstanding indebtedness, when district is dissolved, disposal of, Sec. 18..418 

Petition for dissolution of district, number of signers, Sec. 23.418 

Formation of, number of signers, and what to contain, 

Sec. 2 .412 

Time of hearing fixed by board of supervisors, Sec. 3.412 

Precincts, number of in district, Sec. 14 ..416 

Posting and publication of order fixing day of election, 

Secs. 6 & 13.....413 & 416 

Registration of voters, what to show, Sec. 8.415 

Repeal of other act, Sec. 24 ...419 

Tax, how levied and recorded, Sec. 17.417 

Title of act .412 

Voter, qualification of, Sec. 8 .414 

Work on boulevards, manner of procedure, Sec. 14.416 

LIGHTING DISTRICTS (act to allow unincorporated towns to 

establish, etc.) .419 

Act, title of .419 

Advertising for bids, Sec. 11 .420 

Authority to erect polls, Sec. 13 .421 

Ballot, for formation of, form of, Sec. 5.419 

Canvass of votes, for election for formation of, duty of election 

officers, Sec. 7 .420 

Contracting for gas or electric current, Sec. 13.421 

Definitions of, Sec. 1 .,.419 

District, how established, duty of board of supervisors, Sec. 8.420 

Name of, Sec. 17 .422 

Disposition of property on dissolution of district, Sec. 18.422 

Dissolution of district, Sec. 18.422 

Election for dissolution of district, when to be held, and how 

conducted, Sec. 18 .•..422 

Formation, board of supervisors to order, Sec. 3.419 

Of, when called, and how conducted, 

Secs. 4 & 5 ...419 

Officers, appointment of, Sec. 3 ......419 

Indebtedness outstanding, when district is dissolved, Sec. 18.422 

Lights maintained by public subscription, See. 12.421 

Petition for additional lights, when to be filed, Sec. 11.420 

Formation of district, number of signers, Sec. 3.419 

Powers and duties of supervisors, Sec. 11.420 

Repeal of other acts, Sec. 19.422 

Revenue, disposition of, Sec. 16.421 

Street lights, how installed, Sec. 2.419 

Supervisors to act for lighting districts, Sec. 11.420 

Tax levy, board of supervisors to estimate, Secs. 14-15.421 

Title of act . 419 

Who entitled to vote on formation of, Sec. 6...420 

Words and phrases used, defined, Sec. 1.419 




















































HIGHWAYS. 


409 


Sec. 3. Main highway defined. For the purpose of this act a main 
public highway is defined to be a highway connecting different cities and 
towns in the same or different counties or connecting any city or 'town in 
one county with the public highway system of another county. Provision 
may be made under this act for the improvement of any number of such 
highways jointly, to be paid for with the proceeds of one bond issue. 

Sec. 4. Duty of commissioners. Immediately upon their appointment 
said commission shall proceed with all deligence to investigate carefully 
the main public highways of the county and the* condition thereof, and to 
have made a map showing said main public highways, their connections, 
and such other information in regard thereto as the commission may deem 
necessary foif carrying out the purposes of this act, and to ascertain 
which of said main public highways should be improved by the issuance 
of bonds, and the kind of improvements to be made thereon,' and to 
estimate the cost of such improvements. And also to investigate carefully 
the question of laying out and constructing any new public highways 
which said commission may deem necessary to be laid out and constructed 
in the county, and to have made a map showing said proposed new public 
highways, their connections, and such other information in regard thereto 
as the commission may deem necessary for carryng out the purposes of 
this act, and to ascertain whlether any of said new public highways should 
be laid out and constructed by the issuance of bonds, and the kind of 
improvements to be made thereon, and to estimate the cos(t of such im¬ 
provements. (Amendment approved March 6, 1909. In effect immediately.) 

Sec. 5. Employment of engineer. With the consent of the board of 
supervisors they may employ a competent engineer or engineers and other 
experts, at the cost of the county, to make any necessary surveys and 
prepare said map, and to assist the commission in determining the best 
material to be used and the best manner of making such improvements 
and the cost thereof. All surveys made for the purpose of determining 
the location of highways shall be approved by the county surveyor before 
the same is adobted by the commission. 

Sec. 6. Report to board of supervisors. After having ascertained what 
improvements should be made, and the estimated cost thereof proposed to 
be covered by a bond issue, the commission shall make and file with the 
board of supervisors a report setting forth the main public highway or 
highways proposed to be improved, by their termini, describing generally 
the kind of improvements to be made thereon, and stating the estimated 
cost of the work to be done, and the amount to be raised by bonds therefor, 
and praying the said board of supervisors to call an election for the 
issuance of bonds of the county therefor, for the estimated amount. 

Sec. 7. Election to determine whether bonds shall be issued. If said 
report is not approved by the board of supervisors they may refer it back 
to said commission for further consideration. If the board approve the 
report they shall adopt the same, and shall without delay call an election 
to determine whether bonds of the county shall be issued in the amount 
recommended by the commission, for the purposes stated in their report. 
Said election shall be called and held and said bonds issued, sold and paid 
under and in accordance with all the provisions of law now or hereafter 
existing in regard to the issuance, sale and payment of county bonds, and 
all proceedings had in regard to such bonds shall be in accordance with such 
provisions of law; provided however, that the board may form bond 
election precincts by consolidating the precincts established for general 
election purposes to a number not exceeding six for each bond election 
precinct, and shall appoint only one inspector, two judges and one clerk 
for each bond election precinct, and provided further, that it shall be 
sufficient to set forth the purpose of the bond issue in said proceedings 
by describing the highways to be improved as the same are described in 
said report of the highway commission. Any defect or irregularity in 
the proceedings prior to the calling of such election shall not affect the 
validity of the bonds. 


410 


CALIFORNIA ELECTION LAWS. 


Sec. 8. Sale of bonds. Said bonds shall not be sold for less than par, 
and the proceeds thereof shall be paid into the treasury of the county and 
placed in a special fund to be denominated the 11 highway improvement 
fund ;’ 7 and shall be used solely for the purpose set forth in said report 
of the highway commission, or such other purposes as are authorized by 
this act; provided that if there shall be any surplus of funds voted for the 
improvement of any road or roads after the completion thereof, such 
surplus may be used for the improvement of other main public highways, 
under the control and direction of the highway commission. The highway 
commission may receive and accept donations from any person for any 
work which they are authorized to have done, and the same shall also be 
paid into the said fund. No moneys shall be paid out of said fund except 
upon the warrant of the auditor of said county issued upon the order 
of the highway commission, duly allowed by the board of supervisors 
thereof. 

Sec. 9. Supervision of work. The doing of the work for which said 
bonds are issued shall be under the supervison and direction of the high¬ 
way commission; provided that the final acceptance thereof shall be by 
the board of supervisors. As soon as the funds raised by the sale of said 
bonds are in the treasury the commission shall proceed to prepare detailed 
specifications, plans and profiles for the work to be done, or for such 
parts of it as they deem it advisable to have done separately, if they have 
not already done so, and for this purpose they may hire assistants, with 
the consent of the board of supervisors; and they shall t&en present said 
specifications, plans and profiles, with their recommendations in regard 
to the doing of the work and letting of contracts to the board of supervisors, 
who shall either adopt or reject the same as presented. If the board adopt 
the same they shall thereupon advertise for bids for doing the said work, 
or any part thereof which the highway' commission recommend should be 
done separately, in accordance with said plans, profiles, and specifications, 
by publishing a notice for ten days in a daily newspaper or two weeks 
in a weekly newspaper published at the county seat. Every contract 
for doing any part of said work shall be let, after advertisement as above 
provided, to the lowest responsible bidder who will give security for the 
faithful performance of his contract, with sureties satisfactory to the 
board of supervisors, in such amount as they may fix, which shall be stated 
in said advertisement; provided however, that the board may authorize 
the highway commission to make contracts, without advertisement, for 
any part of said work the cost of which does not exceed one thousand 
dollars; and provided further, that the board may reject all bids and may 
thereupon readvertise for bids for doing any part or the whole of said 
work, or in their discretion authorize the highway commission to purchase 
the necessary material, purchase or hire tools and appliances, and hire 
laborers, and to do the work or any part thereof without letting any 
contract therefor. In such case all contracts for materials, tools or 
appliances, amounting to more than one thousand dollars in value shall be 
let by the commission to the lowest responsible bidder, after advertisement 
as above provided. Said commission may, with the consent of the board 
of supervisors, hire all necessary engineers, inspectors and superintendents 
to supervise the performance of said contract, or to have charge of the 
doing of said work without contract. 

Sec. 10. Highway commission to decide character of improvements. All 

improvements constructed under this act shall be of a durable and lasting 
character; provided, that said commission shall have the power to determine 
how said highways shall be improved and constructed, and the character 
of the materials to be used in the improvements and construction thereof. 
If ’said commission shall determine that said highways, or any of them, 
shall be macadamized or paved, then the macadamized or paved portion 
of the roadbed constructed or any highway or portion thereof improved 
under this act shall not exceed sixteen feet in width, unless donations are 
made to the highway commission for that purpose, jn which case such 
donations shall be used to defray the increased cost of constructing such 
macadamized or paved roadbed more than sixteen feet wide on any part 


HIGHWAYS. 


411 


of such highway specified by the donors, but no part of the proceeds of 
any bond issue shall be expended for such purpose, except to build shoulders 
or marginal protections to said highways where the same are macadamized 
or paved, and which shoulders or marginal protections thereto shall not 
exceed two feet in width on each side of said macadamized or paved high¬ 
way. No railroad, electric railroad, or street railroad shall be constructed 
along or upon such highway, or any portion thereof, improved under the 
provisions of this act, except for crossings duly authorized by the board 
of supervisors or other legislative body having control thereof; nor shall 
any board of supervisors or other legislative body have power to grant 
any franchise for the construction of any railroad, electric railroad or 
street railroad along or upon any such highway or portion thereof, except 
for crossing; provided, that when any such highway or portion thereof 
shall, after the improvement of the same under the provisions of this act, 
be included within the boundaries of any incorporated city, city and county 
or town, the foregoing provisions of this section shall not prohibit the 
granting of any such franchise by the proper municipal authorities along, 
upon or across any such highway, or portion thereof so included, within 
the boundaries of any such incorporated city, city and county, or town. 
Any such franchise shall be granted only upon the express condition that 
the grantee thereof will pay to the county for the benefit of the general 
fund thereof an amount equal to the cost of the improvement or construc¬ 
tion of such portion of the roadbed or highway constructed or improved 
under the provisions of this act as shall be occupied by the track or tracks 
of such railroad, electric road or street railroad. (Amendment approved 
May 26, 1913.) Also amended April 3, 1911. 

Sec. 11. Eminent domain. Whenever the said highway commission shall 
deem it necessary, the board of supervisors may, on its recommendation, 
cause any highway it proposes to improve to be widened, straightened, or 
altered, and cause new highways to be laid out and constructed, and for 
that purpose they may acquire land in the name of the county by donation 
or purchase; and may order the condemnation of such land and direct the 
district attorney to bring an action in the name of the county for that 
purpose under the provisions of the Code of Civil Procedure in relation 
to eminent domain. In such action the order of the board of supervisors 
shall be conclusive evidence of the regularity of all prior proceedings. The 
cost of purchasing or condemning such land shall be paid out of the high¬ 
way improvement fund. (Amendment approved March 6, 1909.) 

Sec. 12. Incorporated city may improve portion of highway. No part 
of any highway lying within the corporate limits of any incorporated city 
or town shall be improved under the provisions of this act; but when any 
highway which is being so improved shall pass through any incorporated 
city or town, said city or town is hereby authorized to improve the portion 
of such highway lying within its corporate limits, and for the purpose of 
raising the necessary funds therefor, to issue bonds in such manner as 
may be provided by law for the issuing of bonds by such city or town for 
public improvements. 

Sec. 13. Repairs. All necessary repairs to any highway improved under 
this act shall be made by the same officers who may be charged with the 
duty of repairing other highways of the county, and the cost of such 
repairs shall be paid out of the general fund of the county. 

Sec. 14. Highway commission to file statement, when. Said highway 
commission shall, at least once in every six monthSj make and file with 
the board of supervisors a detailed statement of their proceedings, showing 
the amount of money in the highway improvement fund at the time of 
their last statement, the amount of all donations since received, and the 
purposes for which said donations were made, the amount since expended, 
with the purposes for which it was expended and the balance remaining, 
the contracts entered into or other obligations incurred by them and still 
outstanding, the highways in course of improvement or completed since 
their last statement, and the condition of the work on each, together with 
any other information that they may consider of interest to the public. 


412 


CALIFORNIA ELECTION LAWS. 


How named. 


Petition. 


What 10 
contain. 


Time of 

hearing 

petition 


Sec. 15. Per diem of commissioners. Each member of said highway 
commission shall receive a per diem of five dollars for each day actually 
and necessarily spent in the discharge of his duties, together with his 
actual necessary traveling expenses, to be allowed by the board of super¬ 
visors and paid monthly. Said per diem and expenses and all other 
demands against the county which said highway commission are authorized 
to incur shall be paid out of the general fund of the county until there 
shall be money in the highway improvement fund derived from the sale 
of bonds, whereupon the general fund shall be reimbursed from the highway 
improvement fund for the amounts so expended, and thereafter said per 
diem and expenses arid other demands shall be paid out of said highway 
improvement fund; provided however, that after the preparation and 
filing of their report and recommendation for the issuance of bonds the 
members of said highway commission shall not receive any per diem or 
expenses unless there is money in said highway improvement fund to pay 
the same. 

Sec. 16. This act shall take effect immediately. 


BOULEVARD DISTRICTS. 

An act to provide for the formation and establishment of boulevard 
districts; the construction, acquisition, maintenance, control and use of 
boulevards; defining the term boulevard; providing for the voting, 
issuing and selling of bonds, and the levying of taxes to pay for the 
acquisition, construction, maintenance and repair of such boulevard; 
providing for a boulevard commission to have charge of the affairs of 
boulevard districts, and the construction, maintenance and repair of 
boulevards, within such districts; providing for the election of such 
commission, their terms of office, and of elections to be held in such 
districts; and repealing an act entitled “An act to provide for the 
formation of boulevard districts, and the construction, maintenance, 
and use of boulevards, and defining the term boulevard,’’ approved 
March 22, 1905, and the act amendatory thereof, approved April 15, 
1909. (Approved May 1 , 1911. .Stats. 1911, p. 1425.) Amended Ex. 
Sess. 1911, p. 223; 1913, p. 394.) 

Sec. 1. Boulevard district. Amy portion of a county not contained in 
a boulevard district under the provisions of this act, may be formed into 
a boulevard district, and when so formed shall be known and designated 

by the name and style of. boulevard district (using the name of the 

district) of.county (using the name of the county in which said 

district is located), and shall have the rights herein enumerated and such 
as may hereafter be conferred by law. 

Sec. 2. Petition to supervisors. A petition for the formation of such 
boulevard district (naming it) may be presented to the board of supervisors 
of the county wherein the district is proposed to be formed, which said 
petition shall be signed by not less than twenty-five freeholders, resident 
within the proposed district and shall contain: 

(1) The boundaries of the proposed district and the number of inhab¬ 
itants residing therein; 

(2) The number of acres contained therein and the assessed value 
thereof and of the improvements thereon; 

(3) A particular description of the boulevard which it is desired to lay 
out, open and construct; 

(4) A request that an election be called within said district for the 
purpose of determining the question of the formation of said boulevard 
district and the building of the boulevard described in said petition. 

Sec. 3. Hearing on petition. Such petition must be presented at a 
regular meeting of said board of supervisors and they shall thereupon fix 
a time for hearing said petition, not less than twenty, nor more than sixty 
days after the date of presentation thereof, and shall publish a notice 





BOULEVARD DISTRICTS. 


413 


of the fact that such petition has been filed (referring to the same on file 
with the clerk of the board of supervisors for further particulars) and 
giving the date and hour at which said petition will be heard, which said 
notice shall be published at least once a week for two consecutive weeks 
in some newspaper published and circulated in said proposed district; 
provided, that if no newspaper be so published in said district, then said 
notice shall be so published in some newspaper published and circulated 
at the county seat in which said proposed district is located. 

Sec. 4. Hearing and proceedings. Upon the day named for the hearing 
of said petition, the board of supervisors shall hear the same and may 
adjourn such hearing from time to time, not more than thirty days in all. 
On the final hearing the said board shall define and establish the boundaries 
of said boulevard district as provided in said petition, unless they shall 
deem it proper to change them; provided, that any change made by said 
board of supervisors shall not include any territory outside of the boundaries 
described in the petition, until the board has given at least two week’s 
notice of its intention to include such territory within such district, by 
publication for two weeks of such notice of intention in a newspaper of 
general circulation published either in said district or at the county seat. 
The territory of such district shall not be changed or reduced to such 
an extent as to prevent the creation and establishment of such boulevard 
district. 

Sec. 5. Boundaries established. The boundaries established by the 
board of supervisors shall be the boundaries of such boulevard district until 
the same shall be changed in the manner provided by law. But, if it shall 
appear to the board that the boundaries of any such district have been 
incorrectly described in the petition, it shall direct the county surveyor 
to ascertain and report the correct description of the boundaries, in con¬ 
formity with the orders of 'said board of supervisors, which said report 
must be filed within ten days from the day of making such order. At the 
first regular meeting after the filing of said report, the board of super¬ 
visors shall ratify the same, by resolution entered in its minutes, with 
such modifications as they deem necessary, and the boundaries so established 
shall be the legal boundaries of such boulevard district. 

Sec. 6. Election. The board of supervisors thereupon, and not later than 
thirty days after the establishment of said boundaries, as hereinbefore 
provided, shall give notice of an election to be held in such proposed 
boulevard district for thQ purpose of determining whether such district 
shall be formed. The order must fix the day of such election, which must 
be within sixty days from the date of the order, and must show the 
boundaries of the proposed district, and must state that at such election 
three persons who are to compose the boulevard commission will be voted 
for. This order shall be entered in the minutes of the board, and shall 
be conclusive evidence of the due presentation of a proper petition, and of 
the fact that each of the petitioners was, at the time of the signing and 
presentation of such petition, a resident and freeholder of the proposed 
district; a copy of such order shall be posted for four successive weeks 
prior to the election, in three public places within the proposed district, 
and shall be published for four successive weeks prior to the election in 
some newspaper published in the proposed district, if there be one, and if 
not, in some newspaper published at the county seat. It shall be sufficient 
if the order be published once a week. 

Sec. 7. Polling places and election officers. The board of supervisors, 
at least fifteen days prior to the election, shall select one, and may select 
two polling places within the proposed district, and make all suitable 
arrangements for the holding of such election. They must appoint one 
inspector and two judges of election in each polling place,who shall constitute 
the officers of said election; if none are so appointed or if those appointed 
are not present at the time of the opening of the polls, the electors present 
may appoint them and they shall .conduct the election. The ballot shall 
contain the words “For a Boulevard District ’* or “Against a Boulevard 
District ’ ’ as the case may be-, and also the names of the persons to be 


Notice, when 
to be pub¬ 
lished. 


Notice of 
intention to 
change 
boundaries. 


Boundaries 
incorrectly 
described 
in petition. 


When to be 
called. 


Order posted 
and published. 


Ballot. 


414 


CALIFORNIA ELECTION LAWS. 


Boulevard voted for at said election. At such election there shall be elected three 

commission. persons for members of the boulevard commission. Such election, and all 

subsequent elections in said district, shall be conducted as nearly as 
Election, how practicable in accordance with the general election laws of the State, 

conducted. except that the provisions of said laws as to the form of ballots and the 

making of nominations shall not apply. Every qualified elector, resident 
within the proposed district for the period requisite to enable him to vote 
at a general election shall be entitled to vote at the election above 
Canvass of provided for. The officers of the election must certify the result of the 

votes - election to the board of supervisors, and if a majority of the votes cast 

at such election shall be in favor of a boulevard district the board of 
supervisors shall make and cause to be entered in the minutes of said 
board an order that a boulevard district of the name, and with the 
boundaries stated in the petition (setting forth such boundaries), has 
been duly established and shall declare the persons receiving respectively 
the highest number of votes for members of the boulevard commission, 
duly elected as such commissioners; and said order shall be conclusive 
evidence of the fact and regularity of all prior proceedings of every kind 
and nature provided for by this act or by law, and of the existence and 
validity of the boulevard district. If a majority of the votes cast shall 
be against a boulevard district, the board shall by order entered in its 
minutes so declare, and no other proceeding shall be taken in relation 
thereto until the expiration of six months from the date of the presentation 
of the petition to said board. 

Sec. 8. Annual elections. There shall be an election for two members 
of the boulevard board, in every even-numbered year, beginning with the 
first even-numbered year after the election at which the said district was 
organized, and the two members then to be elected shall hold office until 
the election and qualification of their successors in the next evem-numbered 
year; and there shall be an election for one member of the boulevard 
commission in every odd-numbered year beginning with the first odd- 
numbered year after the election at which the district was organized, 
and the member then to be elected shall hold office until the election and 
qualification of his successor in the next odd-numbered year. The three 
members elected at the election at which the district was organized shall, 
at their first meeting, or as soon thereafter as may be practicable, so 
classify themselves by lot, that two of them shall go out of office in the 
first even-numbered year after the election at which the district was 
organized, and upon the election and qualification of their successors, as 
provided by this act. The members of the boulevard commission shall 
receive no compensation whatever, either for general or for special services. 
All elections for officers after the formation of the district shall be held 
on the first Monday after the first Tuesday in the month of March. Not 
loss than twenty days before the day of such election the boulevard 
commission must give notice of said election by posting notice thereof 
in three public places in the boulevard district, which notice must specify 
the time and place of elections, the hours during which the polls will be 
kept open, and the officers to be elected. They shall elect one, and may 
select two polling places within the district; shall appoint one inspector 
and two judges of election in each polling place, and make all necessary 
and proper arrangements for holding the election. Said election officers 
shall constitute the election board. If no election officers are so appointed, 
or if those appointed are not present at the time of the opening of the 
polls, the electors present may appoint them and they shall conduct the 
election. Such election shall be conducted as nearly as practicable in 
accordance with the general election laws of the State, except that the 
requirements of said laws as to the form of ballots and the making of 
the nominations of candidates, shall not apply. Every qualified elector 
resident within the district for the period requisite to enable him to vote 
at a general election, shall be entitled to vote at the election. At such 
election the last great register of the county shall be used, and any elector 
whose name is not upon such great register shall be entitled to vote upon 
producing and filing with the board of election a certificate, under the 


Election for 
members of 
boat d. 


T-rm of 

Classification 
of commis¬ 
sioners 
elected at 
organization. 


Election, 
when held. 

Conduct of 
annua] elect 
ions. 

Notice of 
election, 
when posted. 
What to 
contain. 


Election 

officers. 


General 
election laws, 
when to gov¬ 
ern. 

Qualifications 
for voting. 


LIBRARY DISTRICTS. 


415 


hand and seal of the county clerk, showing that his name is registered 
and uncancelled upon the great register of such county, provided that he 
is otherwise entitled to vote. The officers of the election must publicly 
canvass the votes immediately after the closing of the polls, and must 
certify the result within twenty-four hours after the closing of the polls 
to the boulevard commission. Said commission shall within five days after 
the day of election canvass said returns and shall make, sign and deliver 
certificates of election to the person or persons elected. (Amendment 
approved January 12, 1912; Ex. Sess. 1911.) 

Sec. 9. Powers of board. Every boulevard district formed under the 
provisions of this act shall have power to have and use a common seal, 
alterable at the pleasure of the boulevard commission; to sue and be sued 
by its name; to lay out, establish, construct, acquire and maintain one or 
more boulevards within the district, and for this purpose to acquire by 
purchase, gift, devise, condemnation proceedings or otherwise real and 
personal property and rights of way within the district, and to pay for 
and hold the same; to make and accept any and all contracts, deeds, 
releases and documents of any kind which shall be necessary or proper to 
the exercise of any of the powers of the district, and to direct the payment 
of all lawful claims and demands against it; to issue bonds as hereinafter 
provided, and to provide for the payment of the same and the interest 
thereon; and to cause to be levied taxes sufficient when directed by a vote 
of the people of the district for the construction, maintenance or repair 
of said boulevard, and the running expenses of the district; to employ all 
necessary engineers, surveyors, agents and workmen to do the work on 
said boulevard and in said district; and generally to do and perform any 
and all acts necessary or proper to the complete exercise and effect of any 
of its powers or the purposes for which it was formed. 

Sec. 10. Officers of district. The officers of the district shall be three 
members of the boulevard commission, and their term of office shall be for 
two years. No person shall be eligible to act as a commissioner who has 
not been a bona fide resident and freeholder of the district for at least one 
year prior to his election or appointment. Any vacancy in the commission 
shall be filled by appointment for the unexpired term by the board of 
supervisors of the county in which said district is located, but no member 
of the board of supervisors shall be eligible to membership on said 
commission, or to hold any position in connection therewith. Each 
commissioner shall give a bond to the boulevard district for the faithful 
performance of his duties in the sum of five thousand dollars, to be 
approved by the judge of the superior court. 

Sec. 11. Commission governing body of district. The boulevard com¬ 
mission shall be the governing body of the district, and shall exercise 
all the powers thereof. At its first meeting, or as soon thereafter as may 
be practicable, the commission shall choose one of its members as president 
and another of its members as secretary. All contracts, deeds, warrants, 
releases, receipts and documents of every kind shall be signed in the name 
of the district by its president, and shall be countersigned by its secretary. 
The commission may hold such meetings, either in the day or in the evening, 
as may be convenient. In case of the absence or inability to act of the 
president or secretary, the-board shall, by order entered upon its minutes, 
choose a president pro tem. or secretary pro tern., as the case may be. 

Sec. 12. Boulevard may be constructed on county road. Any boulevard 
constructed under this act may be constructed over, along or upon any 
county road or public highway, or any part thereof, and the moneys belong¬ 
ing to such boulevard district may be expended in the improvement of 
such road or highway to conform to the width and general character of 
the balance of the boulevard. By the term “boulevard” as used herein 
is meant a highway of limited dedication and use, not less than thirty, and 
no more than one hundred feet in width, and upon, along, and over which, 
when the same is less than sixty feet in width no railroad, electric road, 
or street railroad shall be constructed or operated, or on any portion 
thereof; and no franchise for the same, or for telephone, telegraph or 


Canvass of 
votes and 
returns. 


Certificate of 
election. 


Duty of 
board. 


Tax levy. 


Vacancy. 


Bond. 


Boulevard, 
where may be 
constructed. 


4 ‘Boulevard’ ’ 
defined. 


416 


CALIFORNIA ELECTION LAWS. 


Order fixing 
day of 
election. 


How many. 


Ballot, 
form of. 

Election law 
to govern. 


Ballots, to 
whom sent. 


Advertise for 
bids for con¬ 
structing 
boulevard. 


electric wires or poles thereon, shall be granted; and any easements granted 
or condemned for the building of said boulevard shall be so granted or 
condemned; provided, that nothing herein shall be deemed to apply to or 
as preventing the granting of such franchise or limiting the use of wagons 
across said boulevard, on, over and along intersecting streets and highways. 
(Amendment approved June 5, 1913.) 

Sec. 13. Bond elections. At any time after the district is organized, 
the boulevard commission may, by order entered in the minutes of the 
meetings of the commission, call an election for the purpose of determining 
whether bonds shall be issued for the construction of such boulevard. Such 
order shall fix the day of the election and shall specify the amount of 
money to be raised, and shall state in general terms the purpose for which 
it is to be raised. -A copy of such order shall be posted for four successive 
weeks prior to the election in at least three public places within the district, 
and shall be published for four successive weeks prior to the election in 
some newspaper published within the district, if there be one, and if not, 
in some newspaper published at the county seat. It shall be sufficient if 
the order be published once a week. 

Sec. 14. Polling places, etc. At any time prior to the day fixed for the 
election the commission shall select one, and may select two, polling places 
within the district, and appoint one inspector, one judge and one clerk for 
each precinct to conduct the same, and shall make all necessary and proper 
arrangements for holding the election. The ballots shall contain the words 
‘ ‘ For the Issuance of Bonds, ’ ’ or “ Against the Issuance of Bonds. ’ ’ The 
election shall be conducted in accordance with the general election laws of 
State, so far as the same may be applicable, except as herein otherwise pro¬ 
vided. Every qualified elector resident within the district for the length of 
time necessary to enable him to vote at a general election shall be entitled to 
vote at the election. After the votes shall have been counted and the result 
announced by the election officers the ballots shall be sealed up and deliv¬ 
ered to the secretary or president of the boulevard commission, and said 
commission shall within two days thereafter proceed to canvass the same 
and shall enter the result upon its minutes. Such entry shall be conclusive 
evidence of the fact and regularity of all prior proceedings of every kind 
and nature provided by this act or by law, and of the facts stated in 
such entry. If, at such election, two-thirds of the votes cast be in favor 
of the issuance of bonds the said commission shall have full power and 
authority to issue and dispose of said bonds as proposed in the order calling 
the election and as hereinafter provided. The boulevard commission shall 
advertise for bids for constructing such boulevard or for doing any repair 
or maintenance work thereon in accordance with plans, profiles, and speci¬ 
fications to be prepared by said commission, by publishing a notice thereof 
for three successive weeks in a weekly newspaper published within the 
boulevard district, if such newspaper is published therein; otherwise in a 
newspaper published at the county seat. Every contract for doing any 
part of said work shall be let, after advertisement as herein provided, to the 
lowest responsible bidder, who shall give a bond to the boulevard district_ 
for the faithful performance of his contract, with sureties satisfactory to 
said commission in an amount equal to at least fifty per cent of the amount 
of the contract price, which shall be stated in said advertisement, provided 
however, that the commission may make contracts, without advertisement, 
for any work on said boulevard the cost of which does not exceed one 
thousand dollars; and provided, further, that the commission may reject 
any or all bids and may thereupon readvertise for bids for doing any 
part or the whole of said work; or may do said work without letting any 
contract therefor when the amount of the work is less than one thousand 
dollars. Said commission may hire all necessary engineers, inspectors and 
superintendents to supervise the performance of contracts entered into 
by said commission, or to have charge of the doing of all work done with¬ 
out contract. 

Sec. 15. Denominations of bonds, payment, sale, etc. A1 bonds issued 
under the provisions of this act shall be of such denomination as the boule¬ 
vard commission may determine, except that no bonds shall be of less 


BOULEVARD DISTRICTS. 


417 


denomination than one hundred dollars nor of a greater denomination than 
one thousand dollars. Said bonds shall be payable in gold coin of the 
United States at the office of the county treasurer of the county wherein 
said district is situated, and shall bear interest at a rate not exceeding 
seven per centum per annum; which interest shall be payable semi-annually 
in like gold coin. Not less than one-twentieth part of the total issue of 
bonds shall be payable each year, on a day to be fixed by the commission 
and specified in the bonds. Each bond shall be signed by the president 
and countersigned by the secretary of the boulevard commission, and said 
bonds shall be numbered consecutively, beginning with number 1, and 
shall have coupons attached referring to the number of the bond to which 
they are attached, which coupons shall be signed by the president and 
countersigned by the secretary of said commission. The bonds must be 
sold or disposed of by the boulevard commission in such manner and in 
such quanties as may be determined by said commission in its discretion, 
but no bond must be sold for less than its face value. The proceeds of such 
sale shall be deposited with the county treasurer and shall be by him 
placed in the fund to be called the boulevard construction and maintenance 

fund of. boulevard district (naming it); the money in such fund 

shall be used for the purpose indicated in the order calling the election 
upon the question of the issuance of bonds; provided, that any money 
remaining in said .fund on completion of the work contracted for, shall 
be expended in the betterment and maintenance of said boulevard. If the 
result of the election be against the issuance of bonds no other election 
upon the question shall be called or held for six months. 

Sec. 16. Estimate to be furnished supervisors. The commissioners must 
on or before the first meeting of the board of supervisors in September of 
each year, furnish the supervisors and the auditor of the county wherein the 
district is situated, an estimate in writing of the amount of money needed 
for the purpose of the district for the ensuing fiscal year. The amount 
must be sufficient to pay off the annual interest accruing upon said bonds, 
as it falls due, and also to pay one twentieth part of the principal of 
said bonds; to pay the estimated cost of repairs and maintenance of the 
boulevard and the running expenses of the district. 

Sec. 17. Tax levy. The board of supervisors of any county wherein 

is situated a boulevard district, must annually at the time of levying county 

taxes levy a tax to be known as the “ .(name of district) boulevard 

district tax,” sufficient to raise the amount reported to them as herein 
provided, by the boulevard commission. The supervisors must determine 
the rate of such tax by deducting fifteen per cent for anticipated delinquen¬ 
cies from the total assessed value of the real property of the district within 
the county, as it appears on the assessment-roll of the county, and dividing 
the sum reported by the boulevard commission as required to be raised 
by the remainder of such total assessed value. The tax so levied shall be 
computed and entered on the assessment-roll by the county auditor, and 
if the supervisors fail to levy the tax as provided in the preceding 
section, then the auditor must do so. Such tax shall be collected at the 
same time and in the same manner as State and county taxes, and when 
collected shall be paid into the county treasury for the use of said district, 
and the purposes herein specified. The provisions of the Political Code 
of this State prescribing the manner of levying and collecting taxes and 
the duties of the several county officers with respect thereto are, so far 
as they are applicable and not in conflict with the specific provisions of 
this act, hereby adopted and made a part hereof. Such officers shall be 
liable upon their several official bonds for the faithful discharge of the 
duties imposed upon them by this act. 

Sec. 18. Repository of funds. The treasurer of the county wherein the 
district is situated shall be the repository of all the funds of the district. 
The treasurer of the county shall receive and receipt for the same, and 
shall place the same to the credit of the district. He shall be responsible 
upon his official bond for their safe-keeping and disbursement in the man¬ 
ner herein provided. 


Interest, rate 
of, when 

/a Die. 


Signatures on 
bonds. 


Board of 
supervisors 
to levy tax. 


Tax to be 
entered on 
Assessments- 
roll. 

How collected. 




418 


CALIFORNIA ELECTION LAWS. 


Apportion¬ 
ment of 
funds. 


Expenses of 
election, how 
paid. 

Amount 

allowed. 


Election to 

dissolve 

district. 

Petition. 


Election 
when to be 
called. 

How 

conducted. 


In case there 
is outstanding 
indebtedness 
against 
district. 


Sec. 19. Funds. The following funds are hereby established to which 
the money belonging to the district shall be apportioned by the treasurer, 
to-wit: bond fund; construction and maintenance fund, and district expense 
fund. The treasurer shall pay out the same only upon warrants of the 
boulevard commission signed by the president and attested by the secretary. 
The treasurer shall report in writing to the commissioners whenever re¬ 
quested by them or the secretary, the amount of money in the various 
funds, the amounts of receipts since his last report and the amounts paid 
out. 

Sec. 20. Limit of bond issue. The amount to be raised by tne Issuance 
of bonds on' the taxable property within said district, shall in the aggregate 
not exceed seventy-five per cent of the estimated cost of acquiring the 
right of way therefor and the constructing of said boulevard, as given in the 
estimates to be furnished by the county surveyor; the balance of twenty- 
five per cent shall be paid out of the general road fund of the county. 
Seventy-five per cent of the cost of maintenance and repair of said boule¬ 
vard shall be paid by the boulevard district and twenty-five per cent of 
the cost of such maintenance and repair thereof shall be paid out of the 
general road fund of the county. 

Sec. 21. Map to be prepared by county surveyor. When directed by 
the boulevard commission of said district, and before the calling of any 
election for the issuance of bonds, the county surveyor shall prepare a map 
showing the location of said boulevard; also showing a cross-section and 
profile of said proposed boulevard, together with specifications for the 
construction thereof, and an estimate of the cost of acquiring the right 
of way therefor, and of the construction of said boulevard. 

Sec. 22. Bond to cover cost of. election. There shall be filed with said 
board of supervisors, at the time of the filing of the petition for the 
organization of said boulevard district with said board, a bond in the sum of 
not more than three hundred dollars, with two sufficient sureties, to be 
approved by said board, who shall each qualify in double the amount of 
said bond, conditioned that they will pay the expense and cost of said 
election in an amount not exceeding the amount mentioned in said bond, 
in case the proposition to organize said district shall be defeated at said 
election. 

Sec. 23. Dissolution of district. The* district may at any time be 
dissolved upon the vote of two-thirds of the qualified electors thereof at any 
election called by the boulevard commission upon the question of dissolu¬ 
tion. Upon a petition signed by a majority of the electors of said district 
asking for the dissolution of said district, the boulevard commission shall, 
within thirty days after receiving said petition, by resolution, order that an 
election be held in the said district for the determination of the question, and 
appoint three qualified electors thereof to conduct said election. Such 
election shall be called and conducted in the same manner as other elections 
of the district. Upon such dissolution, any property which may have been 
acquired by such boulevard district shall vest in any incorporated town or 
city where said boulevard district shall be wholly wijthin or be identical 
with the corporate limits of such incorporated town or city; and the 
property in the territory of said district outside of the limits of such 
incorporated town or city shall vest in the county board of supervisors; 
and if there be no such incorporated town or city, then such property 
shall vest in the board of supervisors of the county wherein such boulevard 
district is situated until the formation of such incorporated town or city; 
provided, however, that if at the time of the election to dissolve such district 
there be any outstanding bonded indebtedness of such district, then, in 
such event, the vote to dissolve such district shall dissolve the same for 
all purposes excepting only the levy and collection of taxes for the payment 
of such outstanding indebtedness of such district; and from the time 
such district is thus dissolved until such bonded indebtedness with the 
interest thereon is fully paid, satisfied and discharged, the legislative 
authority of such incorporated town or city, or the board of supervisors, 
if there be no such incorporated town or city, is hereby constituted ex officio 



LIGHTING DISTRICTS. 


419 


the boulevard commission of such district. And it is hereby made obligatory 
upon such board to levy such taxes and perform such other acts as may 
be necessary in order to raise money for the payment of such indebtedness, 
and the interest the.reon, as herein provided. 

Sec. 24. Repealed. That certain act entitled “An act to provide for 
the formation of boulevard districts, and the construction, maintenance, 
and use of boulevards, and defining the term boulevard, ’’ approved March 
22, 1905, and the act amendatory thereof, approved April 15, 1909, are 
hereby repealed. 


LIGHTING DISTRICTS 

An act to allow unincorporated towns and villages to establish, equip and 
maintain systems of street lights on public highways; to provide for 
the formation, government and operation of highway lighting districts; 
the calling and holding of elections in such districts; the assessment, 
collection, custody and disbursement of taxes therein; and the creation 
of ex-oflicio boards of supervisors. (Approved March 20, 1909. 

Amended 1911 and 1913.) 

Sec. 1. Certain words defined. The words and phrases used in this act, 
shall, for the purposes of this act, unless the same be contrary to or in¬ 
consistent with the context, be construed as follows: 

(1) “Public highways,” shall include any highway, county road, State 
road, public street, avenue, alley, park, parkway, driveway, or public 
place, in any county, or unincorporated town or village dedicated to the 
public and generally used for traffic by the public. 

(2) “Street lights,” or “street illumination, ” shall include any system 
of illumination by means of street lights using gas, electricity, or other 
means of illuminant deemed feasible; such lights to be set upon poles, 
or suspended in the air. 

Sec. 2. Street lights. Any unincorporated town or village of this State 
may establish a highway lighting district for the purpose of installing and 
maintaining a system of street lights on public highways, for the better 
protection of its residents, in accordance with the provisions of this act. 

Sec. 3. Petition for lighting district. Upon the application, by petition 
of twenty-five or more, taxpayers and residents of said town or village, 
to the board of supervisors of the county in which the said town or village 
is situated, praying for the formation of a public highway lighting district, 
and setting forth the boundaries of the said proposed district, the said board 
of supervisors must, within ten days after receiving said petition, by 
resolution, order that an election be held in the said proposed district for 
the determination of the question, and shall appoint three qualified electors 
thereof to conduct said election, which must be held within forty days from 
the date of the order. 

Sec. 4. Election to determine proposition. Said election shall be called 
by posting notice thereof in three of the most public places in said proposed 
lighting district, and by publication in a daily or weekly paper therein, 
if there be one, at least once a week for not less than fifteen days. Said 
notices must specify the time, place and purposes of said election, give the 
boundaries of the said proposed lighting district; and the hours during 
which the polls will be kept open; provided that in districts with a popula¬ 
tion of ten thousand or over, the polls must be opened at 8 o ’clock A. M. 
and kept open until 7 o’clock P. M., and in districts where the population 
is less than ten thousand, the polls must not be opened before 1 o’clock 
P. M., and must be kept open not less than six hours. 

Sec. 5. Conduct of election. Said election shall be conducted in accord¬ 
ance with the general election laws of this State, where applicable, without 
reference to form of ballot or manner of voting, except that the ballots 
shall contain the words, “For Lighting District,’’ and the voter shall write 
or print after said words on his ballot, the word “Yes’’ or the word “No.’’ 


Board to 
levy tax. 


Acts repealed. 


Definitions. 


“Public 
Highways.’ ’ 


In unincor¬ 
porated 
towns and 
villages. 


Petitions, 
numbers of 
signers. 


Board of 
supervisors 
to order 
election. 

Appointment 
of election 
officers. 

Notices. 


Polls, opening 
and closing 
of. 


General 
election laws 
to govern. 

Ballot, form 
of. 



420 


CALIFORNIA ELECTION LAWS. 


Election 
officers to 
report to 
Board of 
supervisors. 

District, how 
established. 


Minutes of 
board of 
supervisors 
to show. 


Powers and 
duties of 
supervisors. 


To make 
rules, laws, 
etc. 


Petition for 
additional 
lights, when 
to be filed. 


Sec. 6. Who entitled to vote. Every qualified elector, resident within 
the proposed district for the period requisite to enable him to vote at 
a general election, shall be entitled to vote at the election above provided 
for. 

Sec. 7. Canvass of vote. It shall be the duty of the election officers 
to publicly canvass the votes immediately after the close of the election, 
and to report the result of said election to the board of supervisors within 
five days subsequent to the holding thereof. 

Sec. 8. Duty of supervisors. If a majority of the votes cast at said 
election shall be in favor of a lighting district the said board of supervisors 
may, by resolution, establish said lighting district. 

Sec. 9. Same. If a majority of the votes cast shall be against the light¬ 
ing district, the board of supervisors, shall by order, so declare; no other 
proceedings shall be taken in relation thereto until the expiration of one 
year from the date of presentation of the petition. 

Sec. 10. Evidence of validity. The fact of the presentation of the 
petition, and the order establishing the lighting district, shall be entered in 
the minutes of the board of supervisors and shall be conclusive evidence of 
the due presentation of a proper petition, and that each of the petitioners 
was, at the time of signature and presentation of the petition, a taxpayer 
and resident of the proposed district, and of the fact and regularity of all 
prior proceedings of every kind and nature provided for by this act, and of 
the existence and validity of the district. 

Sec. 11. Supervisors to act for lighting districts. The board of super¬ 
visors of the county wherein lighting district have been established under 
the provisions of this act, shall be and they are hereby designated as and 
empowered to act as ex-officio the board of supervisors of each and all of 
such lighting districts which may horeafter be established within such 
county under the provisions of this act; serving without compensation; 
and said boards of supervisors shall be authorized and they are hereby 
empowered, and it shall be their duty: 

First—To make all rules, regulations and laws necessary for the admin¬ 
istration, operation and maintenance of the lighting district situated with¬ 
in their county. 

Second—To supervise and plan a system of street illumination for any and 
all lighting districts within their county, and to determine and decide upon 
the kind and manner of illuminant most feasible for the district; but 
nothing herein shall prevent the board of supervisors from installing 
and maintaining electric lights on highways in such districts, and to pay 
for the same out of the general road fund of the county or district road 
fund. 

Third—To indicate the placing and installation of the lights and any 
and all subsequent additional lights. 

(Fourth—To receive bids, award and make contracts with lighting 
companies to the very best advantage of the district, for the installation 
and maintenance of poles, wires, lights and other accessories; and for the 
supplying of electric current, gas, or such other illuminant as may be 
determined upon; and for any and all other things that may be necessary 
to carry out the full meaning and provisions of this act. 

Fifth—To determine the number of employees,' if any, necessary to 
properly care for and maintain the lights; to prescribe their duties and 
fix their compensation, which said employees shall hold their positions at 
the pleasure of the board. 

Sixth—Upon the application, by petition, of twenty-five or more tax¬ 
payers and residents of such lighting district, asking for the installation 
and maintenance of additional lights; which said petition must be filed on or 
before the first day of September in any year; to immediately estimate the 
cost of installing and maintaining such additional lights, and to include 
in the tax levy for the ensuing fiscal year a tax upon the taxable property 
within such lighting district, at the equalized value thereof for that year, 


LIGHTING DISTRICTS. 


421 


sufficient to pay the cost of installing and maintaining sudh additional 
lights; after which to proceed with the installation of such additional 
lights. 

Seventh—To designate the hours for lighting such districts. 

Eighth—To perforin any and all other acts and things necessary or 
proper to carry out the provisions of this act. 

Ninth—To within ten days after the establishment of such district, 
proceed with carrying out the provisions of this act by advertising for 
bids for installing, caring for and maintaining the lights determined 
upon; and for supplying the district with all the gas, electricity or such 
other illuminant as has been determined upon, necessary for operating and 
maintaining any and all of the lights which have been already installed 
or which are to be installed within such district. The contract to be 
awarded to the lowest responsible bidder; provided, however, that the 
rates to be paid therefor must not exceed in any event the rates paid at 
that time by said county for highway lighting in other portions of said 
county. The rates to be paid must not be fixed for a term exceeding five 
years, and the board of supervisors must reserve the right to abrogate 
such contract whenever gas or electric current is offered to be supplied at 
two-thirds of such fixed contract price. (Amendment approved June 4, 1913.) 

Sec. 12. Prior light, maintenance. If prior to the formation of a lighting 
district any lights have been maintained, by public subscription or paid 
for out of the district road funds, within any territory which subsequently 
forms itself into a lighting district under the provisions of this act; at the 
time of the establishment of such lighting district, or else at the time of 
expiration of any then existing contract for the maintenance of such 
lights; such lights and the future cost of maintaining and operating them 
shall be included in the estimate of the board of supervisors and shall 
thenceforth be maintained as a part of the lighting suystem of such 
lighting district. 

Sec. 13. Authority to erect poles. In granting authority to lay down 
pipes or to erect poles and string wires, and in contracting for gas or 
electric current, the board of supervisors must impose such restrictions 
and conditions, and provide for such locations of the various wires and 
lights, so as to work the least possible public or private inconvenience. 

Sec. 14. Estimate for tax levy. On or before the first day of September 
in each and every year, the board of supervisors of any county wherein a 
lighting.district has been established, shall make an estimate of the cost of 
conducting and maintaining such lighting district for the ensuing fiscal year, 
together with the cost of installing and maintaining such additional lights 
as may have already been petitioned for by the residents of such lighting 
districts, and for the cost of any other things which may be necessary 
for carrying out the purposes of this act. 

Sec. 15. Lighting district tax levy. When such estimate shall have 
been made, the board of supervisors of any county wherein a lighting 
district has been established, must, at the time of levying county taxes, 
levy a special tax upon all af the taxable property within the limits of 
such lighting district at the equalized value thereof, sufficient in amount to 
maintain the said lighting system, and to install any additional lights, or for 
any or all of the purposes of this act. When a lighting district is 
organized subsequent to the time of levying county taxes in any year, the 
board of supervisors may authorize the immediate installation of said light¬ 
ing system in such district, and shall include in the levy of taxes for said 
lighting district for the ensuing fiscal year, a sum sufficient to pay the cost 
of the installation and maintenence of said lighting system in said district 
for that portion of the preceding fiscal year for which no levy of taxes 
was made in such year, for said purpose. (Amendment approved March 
23, 1911.) 

Sec. 16. Disposition of revenue. The revenue derived from said tax, 
together with all other moneys acquired in whatsoever manner by the 
lighting district, shall be paid into the county treasury to the credit of 


Advertising 
for bids, etc. 


Lights main¬ 
tained by 
public sub¬ 
scription. 


Contracting 
for gas or 
electric 
current. 


Board of 

supervisors, 

estimate. 


To be paid 
into county 
treasury. 


422 


CALIFORNIA ELECTION LAWS. 


Name or 
style of 
lighting 
district. 


Petition for 
dissolution. 

Election, 
when to be 
held. 


Disposition of 
property. 


Payments of 
outstanding 
indebtedness 
of district. 


Who may 
propose. 


the lighting fund of the district wherein said tax was collected, subject only 
to the order of the board of supervisors of said district, and to be by 
them expended only for and on behalf of the district wherein such money 
was collected. 

Sec. 17. Designation of district. Every lighting district formed or 
established under the provisions of this act, must be designated by the 

name and under the style of. lighting district, (using the name of the 

district), of. county, (using the name of the county in which such 

district is situated), and in that name the board of supervisors may 
make and award contracts, and may sue and be sued. 

Sec. 18. Dissolution. The district may at any time be dissolved upon 
the vote of two-thirds of the qualified electors thereof, at an election called 
by the board of supervisors upon the question of dissolution. Upon a 
petition signed by fifty or more property owners and residents of such 
lighting district, asking for the dissolution of said district, the board of 
supervisors shall within thirty days after receiving said petition, by 
resolution, order that an election be held in the said district, for the deter¬ 
mination of the question, and appoint three qualified electors thereof to 
conduct said election. Such election shall be called and conducted in the 
same manner as other elections of the district. Upon such dissolution, any 
property which may have been acquired by such lighting district shall 
vest in any incorporated town or city where said lighting district shall 
be wholly within, or be indentical with the corporate limits of such in¬ 
corporated town or city; and the property in the territory of said district 
outside of the limits of such incorporated town or city shall vest in the 
county board of supervisors; and if there be no such incorporated town or 
city, then such property shall vest in the board of supervisors of the county 
wherein such lighting district is situated until the formation of such 
incorporated town or city; provided, however, that if at the time of the 
election to dissolve such district there be any outstanding indebtedness of 
such district, then, in such event, the vote to dissolve such district shall 
dissolve the same for all purposes excepting only the levy and collection of 
taxes for the payment of such outstanding indebtedness of such district; 
and from the time such district is thus dissolved until such indebtedness 
is fully paid, satisfied and discharged, the legislative authority of such 
incorporated town or city, or the board of supervisors, if there be no such 
incorporated town or city, is hereby constituted ex-officio the board of 
supervisors of such district. And it is hereby made obligatory upon such 
board to levy such taxes and perform such other acts as may be necessary 
in order to raise money for the payment of such indebtedness, as herein 
provided. (Amendment approved June 4. 1913.) 

Sec. 19. All acts or parts of acts in conflict with this act are hereby 
repealed. 

Sec. 20. This act shall take effect immediately. 


IRRIGATION DISTRICTS. 

An act to provide for the organization and government of irrigation 
districts, and to provide for the acquisition, or construction thereby of 
works for the irrigation of the lands embraced within such districts, 
and, also, to provide for the distribution of water for irrigation 
purposes. (Approved March 31, 1897.) 

Sec. 1. Organization of irrigation district. A majority in number of 
the holders of title or evidence of title, including the holders of possessory 
rights under receipts or other evidence of the rights of entrymen or pur¬ 
chasers under any law of the United States or of this State, to lands 
susceptible of irrigation from a common source and by the same system 
of works, such holders of title, or evidence of title and of possessory rights, 
representing a majority in value of said lands, according to the equalized 
county assessment-roll or rolls for the year last preceding, may propose 
the organization of an irrigation district under the provisions of this act. 





SUPPLEMENTAL INDEX 

TO 

IRRIGATION DISTRICTS. 


OTHER SPECIAL ELECTION DISTRICTS. 


(Page 422 to Page 455.) 





SUPPLEMENTAL INDEX TO 

(Page 422 to Page 443.) Page 

IRRIGATION DISTRICTS (act for organization and government of)-.422 

Act, not to be construed with provisions of other acts, Sec. 110.443 

Repeal other acts, Sec. 110....443 

Repeal of other act, Sec. 110..443 

Title of .422 

Assessment, rate of, Sec. 59 ..436 

Assessments, when delinquent, Sec. 41.436 

Due, Sec. 41 .436 

Assessor, duty of, Sec. 35.435 

Improvements that are exempt, Sec. 35. v ..'..435 

Time of assessing, manner of assessing, Sec. 35......435 

Ballot, blank spaces on, Sec. 23.429 

Form of for destruction of unsold bonds, Sec. 107...443 

Recall of officers, Sec. 28^ .....431 

Reduction of bonded indebtedness, Sec. 99.443 

Sale of bonds less than par, Sec. 32 % .434 

The election of officers, Sec. 22a.428 

Issuance of bonds, Sec. 30.433 

On question of assessment to complete works, Sec. 34....435 

Raise Money, Sec. 59.436 

Manner of grouping names on, Sec. • 22a.428 

Marking of, Sec. 22a .428 

Petition for names of candidates to appear on, when to be 

filed, Sec. 22b .429 

Ballots, how long to be preserved, and by whom, Sec. 23.429 

To be strung, Sec. 23 .429 

Board of directors, limit of purchases, Sec. 15,.426 

Meetings, when to be held, Sec. 13.426 

Powers and duties of, Sec. 15.426 

Term of office, Sec. 13 .426 

When to be elected, and term of office, Sec. 20.428 

Election, what to constitute, Sec. 21.428 

Supervisors to make oTder reaffirming its conclusions, Sec. 3....424 
Bond-holders, assent of to consent that lands may be excluded, Sec. 79....439 

Bonds, and interest, how payable, Sec. 33.435 

Assessment of real property to pay, Sec. 34.435 

Denominations of, Sec. 31 ...434 

Directors may not incur liability in excess of, Sec. 61.437 

Duration of, Sec. 31 ..433 . 

Interest coupons, by whom signed, Sec. 31.434 

Rate of, when payable, Sec. 31.434 

Notice of publication of sale, Sec. 32. 434 

Sale of, manner of procedure, Sec. 32 ...434 

Series of, Sec. 31 .433 

Boundaries, changes of to be recorded, Sec. 80.439 

How changed for exclusion of land, Secs. 74-82.437-440 

Of changes in, Sec. 2 .„...424 

Canals and works, authority to lease, Sec. 15^.427 

Canvass of returns, when to be made, how conducted, Sec. 24.429 

Votes, on question of organization, when to be made 

and how conducted, Sec. 9.425 

Certificate of election, by whom issued, Sec. 25.430 

Certified Copy or organization, with whom filed, Sec. 10.425 

Clerks of election, appointment of, Sec. 22.428 

Consolidation of offices, procedure on, Sec. 27 .430 

Contest of election on question of organization, Sec. 11...425 

Right of appeal, 

Sec. il .426 

When to be held and 
how conducted, 

Sec. 11 . 


426 

























































SUPPLEMENTAL INDEX TO 

IRRIGATION DISTRICTS (act for organization and government 

of)—Continued. Page 

Director, office of, of excluded district made vacant, Sec. 81.440 

Where must reside, Sec. 26 .480 

Directors of district, number of to be elected, Sec. 5.425 

Petition to determine number of, election for, Sec. 28.430 

Districts, division of before general election, Sec. 82.440 

Number of, to be numbered, Sec. 5.425 

Redivision of, Sec. 97 .442 

When to be made, Sec. 97.442 

Division of district on organization of, defined, Sec. 5.425 

Duties of election officers, Sec. 21-25.428-9 

Election districts, division of, Sec. 82.440 

For assessment to complete works, when held and how 

conducted, Sec. 34 .435 

Destruction of unsold bonds, Sec. 106 ...443 

Recall of officers, when held and how conducted, Sec. 28%...-431 
Reduction of bonded indebtedness, when held and how 

conducted, Secs. 98-99 .442 

Sale of bonds for less than par, how conducted, Sec. 32%.. -434 
The issuance of bonds, when held and how conducted, 

Sec. 30 . 432 

Of officers, (general), officers to be elected, Sec. 19.427 

Time of holding office, Sec. 19.427 

When held, Sec. 19 .427 

Officers, appointment of, Sec. 21 .428 

Oath of, and duty of, Sec. 22.428 

To sign and seal up certain papers, Sec. 23.429 

On organization of, how conducted, Sec. 6.425 

Question of assessment to raise money, how called and 

how conducted, Sec. 59 . 436 

To change boundaries of district, Secs. 91-94 .441-2 

Final hearing on question to reorganize, Sec. 2 ....424 

Guardians, rights of, Sec. 96 .442 

Indebtedness, emergency amount allowed, Sec. 59 .436 

Inspector of election, to administer oaths, Sec. 22....428 

Irrigation laws, validity of others, Sec. 109 .443 

Land, boundaries changed for exclusion of, Secs. 74-82.437-440 

Lands, inclusion of, manner of procedures, Secs. 85r95.440-442 

Lands, not susceptible, to be excluded, Sec. 2.^.424 

What may be excluded, Sec. 78 .439 

Not be excluded, Sec. 78 .439 

Money needed for improvements, manner of procedure, See. 30.432 

Nominations for office under recall election, how made, Sec. 28%.431 

Notice for election for assessment, when posted and published, Sec. 34....435 

Destruction of unsold bonds, Sec. 107.443 

Reduction of bonded indebtedness, what to 

contain, Secs. 98-99 .442 

On organization of, what to contain, when 

published, Sec. 6 ..425 

On question of assessment to raise money, Sec. 59....436 
Filing petition for inclusion of land, dutv of secretary, 

Sec. 87 . 440 

Of election for the issuance of bonds, what to contain, Sec. 30..432 

When posted and 

published, Sec. 30.432 

Of time of hearing petition to organize, Sec. 2.423 

Officers, consolidation of at time of organization, Sec. 7.425 

Of election, to sign and seal up certain papers, Sec. 23.429 

Recall of, manner of procedure, Sec. 28%.430 

To be elected, at time of organization, Sec. 7...425 

When to be elected, Secs. 19 & 20 .427-8 

Organization of, when complete, Sec. 10.425 


















































SUPPLEMENTAL INDEX TO 

IRRIGATION DISTRICTS (act for organization and government 

of)—Continued. Page 

Owners of tracts may file petition for exclusion of land, Sec. 75.438 

Petition for inclusion of lands, rejection of, Sec. 90.441 

What to describe, Sec. 86.440 

Hearing of for inclusion of lands, Sec. 88.441 

For names of candidates to appear on ballot, when to be 

filed, Sec. 22b . v .429 

Removal from office, number,of signers, what to 

contain, Sec. 28% .•.430 

Of owners for exclusion of land, Sec. 75.438 

Publication of, Sec. 76.438 

To organize irrigation districts, copy of filed with state 

engineer, Sec. 2.423 

Copy of resolution on 
organization, forwarded 
to State engineer, Sec. 2....423 
Number of signers required, 

Sec. 2 .423 

Publication of, Sec. 2.423 

Time of hearing, Sec. 2.423 

Presentation to board - 

of supervisors, Sec. 2.423 

What to show, Sec. 2.423 

Polls, time of opening and closing of, Sec. 22.428 

Precincts, boundaries of, when may be changed, Sec. 15%.427 

Number of, Sec. 82 . w ..440 

Recall of officers, election for, Sec. 28%.430 

Nominations for office under, Sec. 28%.431 

Officers must have held office at least six 

months, Sec. 28%.430 

Procedure for, Sec. 28% .430 

In case vacancy occurs after recall 

petition is filed, Sec. 28%.431 

Registration of voters, secretary of board, when to examine, Sec. 28%....431 

Rules for use of water, Sec. 15.427 

Secretary of board, when to examine petition for recall, Sec. 28%.431 

State engineer to investigate conditions when organizing, Sec. 2.423 

Statement of result of election, how recorded, Sec. 25.429 

Supplemental petition for recall, manner of procedure, Sec. 28%.431 

Title of property held Iby district, Sec. 29.432 

Vacancies in office, how filled, Sec. 25.430 

When board of supervisors are to appoint, Sec. 25... 430 

Validity of other irrigatioin laws, Sec. 109.443 

Vote, qualifications necessary, Sec. 8 .425 

Voter, stamping ballot, Sec. 22a .429 

Voting, certain papers to be signed and sealed up, Sec. 23.429 

Water, for irrigation, subject to State control, Sec. 17.427 

Warrants, duty of treasurer of district, Sec. 61.437 

Who may propose organization of, Sec. 1.422 

IRRIGATION DISTRICTS (dissolution of) .446 

Act, title of .446 

Assessments, liens on property, Sec. 9.449 

Roll of district to determine, Sec. 2a.447 

Assets of district, who may acquire, Sec. 7.449 

Sale of, manner of, Sec. 8 .449 

Ballots, form of for dissolution, Secs. 2a-3.447-8 

Contest of proceedings, cost of, Sec. 5.449 

Facts required by court, Sec. 5.449 

Procedure on, Secs. 4-6.448-9 

Dissolution of district, manner of procedure, Secs. 1-2.446-7 

Election to dissolve district, how conducted, Secs. 2a-3.447-8 

Indebtedness, schedule, what not to include, Sec. 10%.450 

Money, surplus, disposal of, Sec. 10 .449 





















































SUPPLEMENTAL INDEX TO 

IRRIGATION DISTRICTS (dissolution of)—Continued. Page 

Notice of election to dissolve, what to show, when posted and 

published, Secs. 2a-3 . 447-8 

Petition to dissolve district, number of signers, what to show, Sec. 2 . 447 

In case district is not operating, what to 

show, Sec. 2a . 447 

Redemption, how made, Sec. 9 . 449 

Title of act .;. 440 

IRRIGATION DISTRICTS (act to provide for issuance and sale of 

bonds.) . 444 

Act, title of . .444 

Ballot, form of to refund bonded debt, Sec. 4 . 445 

Bonds, for refunding bonded debt, assessments to pay, Sec. 15,. ’.445 

Denomination of, Sec. II . 445 

Duration of, Sec. 11.445 

Form of, Sec. 4 . 445 

How payable, Sec. 11 .445 

May be exchanged, Sec. 16 .446 

Notice of sale, what to state, 

Sec. 14 .445 

Rate of interest, Sec. 11 . 445 

Sale of, Sec. 14 . 445 

Funding of, proceedings necessary, Sec. 3. 444 

Procedure for payment of, Sec. 1. 1 . 444 

Election to issue bonds to refund bonded debt, how conducted, 

Sec. 4 . 444 

Funding bonds, unnecssaary ones may be destroyed, when, Sec. 17.446 

When are lien on real property, Sec. 18.446 

Petition to propose funding of bonds, what to contain, Sec. 3.444 

Title of act . 444 

Who may propose funding of bonds, Sec. 2.444 

COUNTY IRRIGATION DISTRICTS (act for formation, management 

and dissolution of) . 450 

Act, alternative method provided, Sec. 15.454 

Other acts not affected, Sec. 15 .454 

Title of .450 

Administration of district, how regulated, Sec. 12.453 

Board of supervisors, duties and powers of, Sec. 12.453 

Bonds, board of supervisors to prescribe form of, Sec. 7.452 

How- payable, date of maturity, duration of, rate of interest, 

signatures, sec. 7.452 

Sale of, proceeds, where deposited, Sec. 8 .453 

Tax levy to pay principal and interest, Sec. 9...453 

Time and manner of, 

Sec. 9 .453 

Clerk to post and publish notice of filing and hearing, Sec. 3.451 

Contracts for furnishing labor, material, etc., manner of, 

procedure, Sec. 11, .453 

District, administration and government of, how conducted, Sec. 12.453 

Change in boundary of, Sec. 4.....451 

Dissolution of, method of, Sec. 14...454 

Objections to formation of, procedure on, Sec. 4...451 

Tax for maintenance of, Sec. 10 .^.453 

Election for the issuance of bonds, how called, by whom, and how 

conducted, Secs. 5-6 .451-2 

Officers, appointment of and number of, Sec. 6 .452 

Formation of district, manner of procedure, Sec. 1.450 

Incorporated and unincorporated territory may form, Sec. 1.450 

Maximum rate of interest to be paid on indebtedness, Sec. 5.452 

Notice of filing and hearing petition, posting and publication of, Sec. 3....451 

Intention to modify boundaries, Sec. 4 .451 

To dissolve district, number of signers, Sec. 14.454 




















































SUPPLEMENTAL INDEX TO 

COUNTY IRRIGATION DISTRICTS (act for formation, management 

and dissolution of)—Continued Page 

Objections to formation, filing of, time of, Sec. 4.451 

Ordinance or resolution, ordering election, when to be published, 

Sec. 6, .452 

Petition to form district, hearing on, Sec. 3 .450 

Number of signers, what to contain, Sec. 2.450 

Dissolve district, number of signers, Sec. 14.454 

Precincts, number of and how established, Sec. 6.452 

Procedure on, formation of, Sec. 1.450 

Tax for maintenance of, Sec. 10.453 

Title of act . 450 

Voting precincts, establishment of, Sec. 6.,.452 


♦ 

OTHER SPECIAL ELECTION DISTRICTS. 

Assessment districts for public park and playground purposes 

(statutes 1909, page 1066, amended, statutes 1911, extra 

sessions, page 17) .455 

County water districts (statutes 1913, page 1049).455 

Drainage districts (general laws (Deering), act 987).455 

Levy districts, formation and government of, (general laws, 

(Deering), act 1913; amended, statutes 1911, page 1212).455 

Bond election in (statutes 1911, page 303).455 

Monuments for pioneers (statutes 1913, page 377.455 

Municipal water districts, (general laws (Deering), act 2390; 

statutes 1911, page 1290; amended, 1911, extra session, 

page 92) .455 

Overflow districts, (statutes 1911, apge 1397). 455 

Protection districts, (general laws (Deering), act 2805) .455 

Reclamation districts, (general laws (Deering), act 2975).455 

Sanitary districts, (general laws (Deering), act 3349; amended, 

statutes 1911, pages 501, 706; 1913, page 344). 455 

Sewer districts, (general laws (Deering), act 3597; statutes 1911, 

pages 40, 904) ...455 

Storm water districts, (general laws (Deering), act 2806; amended, 

statutes, 1913, page 504) .455 

Water districts, (general laws (Deering), act 4349a; statutes 1913, 

page 815) .....455 








































LIGHTING DISTRICTS. 


423 


Said equalized asessment-roll or rolls shall be sufficient evidence of title 
and of such possessory rights for the purposes of this act. (Amendment 
approved. March 28, 1911.) 

Sec. 2. Petition to organize irrigation district. In order to propose 
the organization of an irrigation district, a petition shall be presented to the 
board of super's isors of the county in which the lands within the proposed 
district, or the greater portion thereof, are' situated, signed by the 
required number of holders of title, or evidence of title, including such 
aforesaid possessory rights, to lands within such proposed district, and 
representing the requisite majority in value of said lands, which petition 
shall set forth generally the boundaries of the proposed district and also 
shall state generally the source or sources (which may be in the alternative) 
from which said lands are proposed to be irrigated, and shall pray that the 
territory embraced within the boundaries of the proposed district may be 
organized as an irrigation district under the provisions of this act. The 
petition may consist of any number of separate instruments, and must be 
accompanied with a good and sufficient undertaking, to be approved by 
the board of supervisors, in double the amount of the probable cost of 
organizing such district, conditioned that the sureties shall pay all of said 
costs in case said organization shall not be effected. Said petition shall 
be presented at a regular meeting of said board and shall be published 
for at least two weeks before the time at which the same is to be 
presented in some newspaper of general circulation printed and published 
in the county where said petition is presented, together with a notice 
stating the time of the „ meeting at which the same will be 
presented; and if any portion of the lands within said proposed district 
lie within another county or counties, then said petition and notice shall 
be published, as above provided, in a newspaper published in each of said 
counties. When contained upon more than one instrument, one copy only 
of such petition need be published, but the names attached to all of said 
instruments must appear in such publication. On or before the day 
on which said petition is presented to said board of supervisors, a copy 
of said petition shall be filed in the office of the State engineer. When 
said petition is presented, said board of supervisors shall hear the same 
and shall proceed to determine whether or not said petition complies with 
the requirements hereinbefore set forth and whether or not the notice 
required herein has been published as required, and must hear all competent 
and relevant testimony offered in support of or in opposition thereto. 
Said hearing may be adjourned from time to time for the determination 
of said facts, not exceeding two weeks in all. Xo defect in the contents 
of the petition or in the title to or form of the notice or signatures, or 
lack of signatures thereto, shall vitiate any proceedings thereon; provided, 
such petition or petitions have a sufficient number of qualified signatures 
attached thereto. The determination of the board shall be expressed by 
resolution. If it shall determine that any of the requirements herein¬ 
before set forth have not been complied with the matter shall be dismissed, 
but without prejudice to the right of the proper number of persons to 
present a new petition covering the same matter or to present the same 
petition with additional signatures, if such additional signatures are 
necessary to comply with the requirements of this act. If the board of 
supervisors shall determine that the petitioners have complied with the 
requirements hereinbefore set forth, it shall cause a copy of the resolution 
so declaring to be forwarded to the State engineer and shall postpone 
further hearing of said petition for one month, or from time to time, not 
exceeding one month in all. Upon receiving a copy of said resolution, the 
State engineer shall make or cause to be made such an investigation as 
may be practicable, with a view to determining whether any condition 
or conditions exist that would justify him in reporting against the organiza¬ 
tion of the proposed district. He shall report in writing on the matter 
to the board of supervisors from which the copy of said resolution was 
received, and said report shall be made within one month from the date 
of the adoption of said resolution, but failure by the State engineer to 
perform any duty required herein shall not invalidate the organization 


To he pres¬ 
ented to hoard 
of supervi¬ 
sors. 


Publication. 


Hearing. 


Investigation 
of State 
engineer. 


424 


CALIFORNIA ELECTION LAWS. 


Report that 
project is not 
feasible. 


Final hearing. 


Changes in 
boundaries. 


Lands not 
susceptible to 
be excluded. 


State 

engineer’s 

report. 


Evidence in 
in rebuttal 
thereof. 


Suit com¬ 
menced by 
Attorney 
General. 


of any district, nor shall any board of supervisors, because of failure to 
receive a report from the State engineer, delay the proceedings herein 
required for a longer time than is allowed herein. If the State engineer 
shall report that the supply of water available for the use of the proposed 
district, or that may be acquired by any practicable means, including the 
condemnation of existing rights, is not sufficient or that the project is 
not feasible for any other reason or reasons and if such report shall be 
filed with the said board of supervisors before the expiration of one month 
from and after the date of the adoption of the aforesaid resolution, the 
hearing of the petition shall again be continued for one month and shall 
then be dismissed, unless the board of supervisors shall be requested in 
writing by three-fourths of the holders of title or evidence of title, 
including possessory rights, to lands within said proposed district to grant 
the same; provided, that if such request is not received, the board of 
supervisors may modify the plans for the proposed district in accordance 
with recommendations by the* State engineer. If the report of the State 
engineer shall not compel the continuance of the matter as a foresaid, the 
board of supervisors shall, at the regular meeting at which said report 
shall have been received, proceed to a final hearing of the petition, and 
if said board shall, after receiving an adverse report from the State 
engineer, decide to modify the plans as set forth in said petition or shall 
be requested in writing by three-fourths of the holders of title or evidence 
of title, including possessory rights, to the lands within said proposed 
district to grant said petition, said board shall then proceed to a final 
hearing of. the matter. On any final hearing herein provided for, the 
board may adjourn from day to day, but not for a longer time, until a 
determination of the matter is reached. On said final hearing said board 
shall make such changes in the proposed boundaries as it may deem 
advisable and shall define and establish such boundaries; but said board 
shall not modify said boundaries so as to exclude from such proposed 
district any territory which is susceptible of irrigation frqm any of the 
sources proposed, unless said board shall decide to modify the plan for 
such proposed district, as herein provided, nor shall any lands which will 
not, in the judgment of said board, be benefited by irrigation by means 
of any of said systems of works be included within such proposed district. 
Any person whose lands are susceptible of irrigation from any of the 
proposed sources may, upon his application, in the discretion of said 
board, have such lands included within said proposed district. (Amend¬ 
ment approved June 16, 1913. In effect August 10, 1913.) 

Sec. 3. Order reaffirming conclusions. Upon the final hearing of said 
petition or said matter, the board of supervisors shall make an order 
reaffirming its conclusions as to the genuineness and sufficiency of the peti¬ 
tion and notice hereinbefore provided for, reciting that a report regarding 
the proposed district has been made by the State engineer and is on file 
with the other records of the board, and describing the boundaries of the 
proposed district as defined and established by said board. Said order shall 
be entered in full upon the minutes of said board. At said final hearing 
no evidence shall be heard against the genuineness or sufficiency of said 
petition or notice unless it shall be shown to the satisfaction of said board 
that new evidence which if uncontradicted would disprove the genuineness 
or sufficiency of said petition or notice has been discovered since said 
board adopted the resolution declaring that said petition and notice complied 
with all the requirements of this act. In case any new evidence is admitted, 
full opportunity shall be given for the introduction of evidence in rebuttal 
thereof. (Amendment approved June 16, 1913.) 

Sec. 4. Finding of board to be conclusive. A finding of the board of 
supervisors in favor of the genuineness and sufficiency of the petition and 
notice shall be final and conclusive against all persons except the State of 
California upon suit commenced by the attorney general. Any such suit 
must be commenced within one year after the order of the board of super¬ 
visors declaring such district organized as herein provided, and not other¬ 
wise. (Amendment approved January 2, 1912.) 


IRRIGATION DISTRICTS. 


425 


Sec. 5. Division of districts. If, on said final hearing, the boundaries 
of the proposed district are defined and established, said board shall make 
an order dividing said district into five divisions, as nearly equal in size 
as may be practicable, which shall be numbered first, second, third, fourth 
and fifth, and one director shall be elected for each division by the electors 
therof; provided, that if so requested in said petition, the board may order 
that there shall be only three diviisons in said district, and that only three 
directors be elected, or that they be elected for the district at large. 

Sec. 6. Election on organization. Said board of supervisors shall then 
give notice of an election to be held in such proposed district for the purpose 
of determining whether or not the same shall be organized under the 
provisions of this act. Such notice shall describe the boundaries so 
established, and shall designate a name for the proposed district, and said 
notice shall be published for at least three weeks previous to such election, 
in a newspaper published within the county in which the petition for the 
organization of the proposed district was presented; and if any portion of 
such proposed district is within another county or counties, then such notice 
shall be published for the same length of time in a newspaper published in 
each of said counties. Such notice shall require the electors to cast ballots, 
which shall contain the words “Irrigation District—Yes,” or “Irrigation 
District—No, “ or words equivalent thereto, and also the names of persons 
to be voted for at said election. For the purposes of said election the 
board of supervisors must establish a convenient number of election precincts 
in said proposed district, and define the boundaries of the same. Such elec¬ 
tion shall be conducted as nearly as practicable in accordance with the 
general election laws of the State, but no particular form of ballot shall be 
required. 

Sec. 7. Officers to be elected. At such election there shall be elected 
a board of directors, and an assessor, tax collector, and treasurer; provided, 
that where a consolidation of offices as hereinafter provided for is deemed 
advisable in the organization of a district, the petitioners may request in 
their petition for organization such consolidation, and the board of super¬ 
visors calling the election shall in its order therefor announce such consoli¬ 
dation, and then only one person shall be elected to fill the several offices so 
consolidated. 

Sec. 8. Qualifications of Electors. No person shall be entitled to vote 
at any election held under the provisions of this act unless he possesses 
all the qualifications required of electors under the general election laws 
of the State. 

Sec. 9. Canvass of votes. The board of supervisors shall meet on the 
second Monday succeeding such election, and shall proceed to canvass the 
votes cast thereat, and if upon such canvass it appears that at least two- 
thirds of all the votes cast are “Irrigation District—Yes,” said board 
shall, by an order entered on its minutes, declare the territory duly organ¬ 
ized as an irrigation district, under the name theretofore designated, 
and shall declare the persons receiving respectively the highest number 
of votes at said election to be duly elected. 

Sec. 10. Certified copy. Said board shall then cause a copy of such 
order, duly certified, to be immediately filed for record in the office of the 
county recorder of any county in which any portion of the lands embraced 
in such district are situated, and must also immediately forward a copy 
thereof to the clerk of the board of supervisors of each of said last- 
mentioned counties, and no board of supervisors of any county in which 
any portion of the lands embraced in such district are situated shall, after 
the date of the organization thereof, allow another district to be formed 
including any portion of said lands, without the consent of the board of 
directors of "the district in which they are situated. From and after such 
filing, the organization of such district shall be complete. 

Sec. 11. Contest of election. Such election on organization, may be 
contested by any person owning property within the proposed district 
liable to assessment. The directors elected at such election shall be made 


Number of 
district. 


To be 
numbered. 

Number of 
directors. 


Notice of 
election. 


What to con¬ 
tain, and 
when to be 
published. 


Ballot, 
form of. 


Election, how 
conducted. 


Consolidation 
of Officers. 


General 
election laws 
to govern. 


When and by 
whom to be 
canvassed. 

Two-thirds 
majority. 


Filed with 

county 

recorder. 


Completion 
of organiza¬ 
tion. 


Contest, how 
conducted. 


426 


CALIFORNIA ELECTION LAWS. 


In case more 
than one con¬ 
test be pend¬ 
ing. 


Contest, when 
to be held. 

Right of 
appeal. 


Officers. 


Meetings, 
when to be 
held. 


Term of 
office. 


Secretary, 
bond of. 


Power of 
directors. 


Limit of 
purchase. 


May construct 
dams, reser¬ 
voirs, etc. 


parties defendant. Such contest shall be brought in the superior Court of 
the county where the petition for organization is filed; provided, that if 
more than one contest be pending they shall be consolidated and tried 
together. The court having jurisdiction shall speedily try such contest, 
and determine, upon the hearing, whether the election was fairly conducted 
and in substantial compliance with the requirements of this act, and enter 
its judgment accordingly. Such contest must be brought within twenty 
days after the canvass of the vote and declaration of the result by the 
board of supervisors. The right of appeal is hereby given to either party 
to the record within thirty days from entry of judgment. The appeal must 
be heard and determined by the supreme court within sixty days from the 
time of filing the notice of appeal. 

Sec. 12. Qualifications of officers. The officers elected at the election 
hereinbefore provided for shall immediately enter upon their duties as 
such, upon qualifying in the manner for such officers herein provided. 
Said officers shall hold office respectively until their successors are elected 
and qualified. 

Sec. 13. Powers of boards of directors. The directors of any district 
created after the passage of this act, on the first Tuesday after their 
election, after they shall have qualified, shall meet and classify themselves 
by lot into two classes, as nearly equal in number as possible, and the 
term of office of the class having the greater number shall expire at the 
next general February election in this act provided for; and the term of 
office of the class having the lesser number shall terminate at the next 
general February election thereafter. After such classification, said direct¬ 
or^ shall organize as a board, shall elect a president from their number, 
and appoint a secretary, who shall each hold office during the pleasure 
of the board. The salary of- the secretary and the amount of the bond to 
be given by him for the faithful performance of his duties shall be fixed 
by the board of directors. 

Sec. 15. Duty of boards of directors. The board of directors shall have 
the power, and it shall be their duty, to manage and conduct the business 
and affairs of the district; make and execute all necessary contracts; 
employ and appoint such agents, officers, and employees as may be required 
and prescribe their duties. The board and its agents and employees shall 
have the right to enter upon any land to make surveys, and may locate 
the necessary irrigation works and the line for any canal or canals, and the 
necessary branches for the same, on any lands which may be deemed best 
for such location. Said board shall also have the right to acquire, by pur¬ 
chase, lease, contract, condemnation, or other legal means, all lands, and 
waters, and water rights, and other property necessary for the construction, 
u^e, supply, maintenance, repair and improvements of said canal, or canals, 
and works, including canals and works constructed and being constructed by 
private owners, lands for reservoirs for the storage of needful waters, and 
all necessary appurtenances, and also where necessary or convenient to said 
ends to acquire and hold the stock of other corporations owning waters, 
canals, water works, franchises, concessions or rights. But no purchase or 
lease of any waters, or water rights, or canals or reservoirs, or reservoir 
sites, or irrigation works, or other property of any nature or kind, or 
stock in any other corporation, for any price, aggregate rental or considera¬ 
tion, in excess of ten thousand dollars, shall be final or binding on the 
district, nor shall the purchase price, rental or consideration, or any part 
thereof, be paid or rendered until a petition of a majority of the holders of 
title, or evidence of title, and of possessory rights as aforesaid, to lands with¬ 
in the district, such holders of title, or evidence of title, and of possesory 
rights, representing a majority in value of said land, according to the last 
equalized assessment-roll of the district, if such has heretofore been made 
and if such has not been made, then according to the equalized county 
assessment-roll covering lands of such district, shall have been filed with 
the board and an order of the board made thereon confirming such purchase 
Said board may also construct the necessary dams, reservoirs, and works for 
the collection of water for said district, and do any and every lawful act 
necessary to be done, that sufficient water may be furnished to each land- 


IRRIGATION DISTRICTS. 


427 


owner in said district for irrigation and domestic purposes. The said board 
is hereby authorized and empowered to take conveyances, leases, contracts 
or other assurances for all property acquired by it under the provisions of 
this act, in the name of such irrigation district, to and for the uses and 
purposes herein expressed, and to institute and maintain any and all actions 
and proceedings, suits at law or in equity necessary or proper in order to 
fully carry out the provisions of this act, or to enforce, maintain, protect 
or preserve any and all rights, privileges and immunities created by this 
act, or acquired in pursuance thereof. And in all courts, actions, suits or 
proceedings, the said board may sue, appear and defend in person or by 
attorneys, and in the name of such irrigation district. It shall be the duty 
of said board to establish equitable by-laws, rules and regulations for the 
distribution and use of w T ater among the owners of said lands, which 
must be printed in convenient form for distribution in the district. Said 
board shall have power generally to perform all such acts as shall be 
necessary to fully carry out the purposes of this act. (Amendment approved 
March 28, 1911.) 

Sec. 151 / 2 . Change of election precincts. Lease of canals. The board 
of directors, when they deem it advisable for the best interest of the 
district, and the convenience of the electors thereof, may at any time, but 
not less than sixty days before an election to be held in the district, change 
the boundaries of the divisions and election precincts of the district; 
provided, such changes shall be made to keep eacli division as nearly equal 
in area and population as may be practicable. Such change of boundaries 
of the divisions must be shown on the minutes of the board. The board 
of directors of any irrigation district now or that may hereafter be 
organized in the State, shall also have the power, and such board is hereby 
vested with the authority, to lease the system of canals and works in the 
district, or any part thereof, whenever such leasing may be for the benefit 
of the district; provided, that when the directors of any irrigation district 
contemplate the leasing of the canals and works of such district, they shall 
give notice of such contemplation by publishing the same in some news¬ 
paper published in the county in which such irrigation district lies, at 
least three weeks prior to the making of any lease, and such lease shall 
be made to the highest bidder. But such board shall have the right to 
reject any and all bids. Such lease shall in no way interfere with any 
rights that may have been established by law, at the time such lease is 
made; and further provided, that the board of directors shall require a 
good and sufficient bond to secure faithful performance of the lease by 
the lessees. (Amendment approved March 28, 1911.) 

Sec. 17. Public use. The use of all water required for the irrigation of 
the lands of any district formed under the provisions of this act, or the 
act of which this is supplementary or amendatory, and for domestic and 
other incidental and beneficial uses, wfithin such district, together with the 
rights of wav for canals and ditches, sites for reservoirs, and all other 
property required in fully carrying out the provisions of this act is hereby 
declared to be a public use, subject to the regulation and control of the 
State, in the manner prescribed by law. (Amendment approved March 
28, 1911.) 

Sec. 19. General elections, when to be held. An election shall be held 
in each irrigation district on the first Wednesday in February, eighteen 
hundred.and ninty-nine, and on the first Wednesday in February in each 
second year thereafter, at which an assessor, a collector, and a treasurer, and 
directors for the district shall be elected. The person receiving the highest 
number of votes for any office to be filled at such election shall be elected 
thereto. The asesssor, collector, and treasurer shall each hold office from 
the first Tuesday in March next after, for two years, and until his successor 
is elected and qualified. Within ten days after receiving their certificates 
of election, hereinafter provided for, said officers shall take and subscribe 
the official oath, and file the same in the office of the board of directors, 
and execute the bond herinafter provided for. The assessor shall execute 
an official bond in the sum of five thousand dollars, and the collector an 
official bond in the sum of twenty thousand dollars, and The district 


May take con¬ 
veyances etc. 
for property 
acquired. 


Suits at law. 


Rules for use 
of water. 


Boundaries of 
divisions and 
election pre¬ 
cincts may 
be changed 
by board 60 
days before 
an election. 


Authority to 
lease canals 
and works in 
district. 


Bond required 
from lesseess. 


Subject to 

State 

control. 

First Wednes¬ 
day in Feb¬ 
ruary in odd 
numebered 
years. 

Officers to be 
elected. 

Time of 
holding office. 


Oath of office. 


428 


CALIFORNIA ELECTION LAWS. 


Official bonds, 
amount of. 


Two and 
four years. 


Term of office, 
how determ¬ 
ined. 


Secretary to 

post notice 

of election. 

15 days 

before 

election. 

General 

notice. 

Polling 

places, how 

established. 

Board of 
election to 
contitute. 


Inspector to 

administei* 

oaths. 


Clerks' of 
election, ap¬ 
pointment of. 

Polls open at 
8 A. M. and 
close at 4 
P. M. 


Ballot, 
form of. 


treasurer an official bond in the sum of fifty thousand dollars; each of said 
bonds to be approved by the board of directors; provided, that the board 
of directors may, if it shall be deemed advisable, fix the bonds of the 
treasurer and collector, respectively, to suit the conditions of the district, 
the maximum amount of the treasurer’s bond not to exceed fifty thousand 
dollars, and the minimum amount thereof not to be less than ten thousand 
dollars; and the maximum amount of the collector’s bond not to exceed twen¬ 
ty thousand dollars, and the minimum amount thereof not to be less than five 
thousand dollars. Each member of said board of directors shall execute 
an official bond in the sum of five thousand dollars, which said bonds shall 
be approved by the judge of the superior court of said county where such 
organization was effected, and shall be recorded in the office of the county 
recorder thereof, and filed with the secretary of said board. All official 
bonds herein provided for shall be in the form prescribed by law for the 
official bonds of county officers. 

Sec. 20. Term of office, boards of directors. On the first Tuesday in 
March next following their election, the directors who shall have been 
elected at the general February election, shall meet and organize as a board, 
elect a president and appoint a secretary, who shall each hold office during 
the pleasure of the board. And the directors of districts now organized, 
who shall have been elected at the general February election of eighteen 
hundred and ninety-nine, shall, on the first Tuesday in March next there¬ 
after, when they meet to organize, first classify themselves by lot into 
two classes as nearly equal in number as possible. And the term of office 
of the class having the greater number shall be two years; and the term 
of office of the lesser number shall be four years. The full term of office of 
directors is hereby fixed at four years. 

Sec. 21. Election officers, appointment of. Fifteen days before any 
election held under this act, subsequent to the organization o^ any district, 
the secretary of the board of directors shall cause notices to be posted in 
three public places in each election precinct, of the time and place of 
holding the election, and shall also post a general notice of the same in 
the office of said board, which shall be established and kept at some fixed 
place, to be determined by said board, specifying the polling-places of each 
precinct. Prior to the time for posting the notices the board must 
appoint for each precinct, from the electors thereof, one inspector and 
two judges, who shall constitute a board of election for such 
precinct. If the board fail to appoint a board of election, or the members 
appointed do not attend at the opening of the polls on the morning of 
election, the electors of the precinct present at that hour may appoint the 
board, or supply the place of an absent member thereof. The board of 
directors must, in its order appointing the board of election, designate 
the house or place within the precinct where the election must be held. 

Sec. 22. Duties of election officers. Polls. The inspector is chairman 
of the election board and may administer all oaths required in the process 
of an election; and appoint judges and clerks, if, during the progress of 
the election, any judge or clerk cease to act. Any member of the board 
of election, or any clerk thereof, may administer and certify oaths required 
to be administered during the progress of an election. The board of election 
of each precinct must, before opening the polls, appoint two persons to 
act as clerks of the election. Before opening the polls, each member of the 
board and each clerk must take and subscribe an oath to faithfully per¬ 
form the duties imposed upon them by law. Any elector of the precinct 
may administer and certify such oath. The polls must be opened at 8 A. M., 
on the morning of the election, and be kept open until 4 P. M., when the 
same must be closed. (Amendment approved April 22, 1909.) 

Sec. 22a. Ballots, marking of. The ballot used at the election shall be 
provided by the board of directors, and one of the clerks of election shall 
deliver, to each of the electors, one of the ballots so provided. The ballots 
shall have printed on them the names of all candidates whose names have 
been filed as provided in this act, with a voting square behind each name. 
The names- shall be arranged in groups, alphabetically, under the designa- 


IRRIGATION DISTRICTS. 


429 


tion of the office for which each person named is a candidate. Where more 
than one person is to be elected for an office of the same title, the words 

“Vote for. (inserting the proper number)’’ shall be printed under 

the title of the office. Each elector shall stamp a cross, with a rubber 
stamp to be provided by the board of directors, in the square behind the 
name of each candidate he wishes to vote for. (Approved April 22, 1909.) 

Sec. 22b. Petition for names to appear on ballot. Not less than ten 

days before the election any ten or more electors in the district may file 
with the board of directors a petition requesting that certain persons, 
specified in such petition be placed on the ballot as candidates for the 
office named in the petition. The names proposed by the various petitions so 
filed, and no others, shall be printed on the ballots. But there shall be 
sufficient blank spaces left in which electors may write other names if they 
so desire. The petitions shall be preserved in the office of the secretary of 
the district. (Approved April 22, 1909.) 

Sec. 23. Voting. Certain papers to be sealed up. Voting may commence 
as soon as the polls are opened, and may be continued during all the 
time the polls remain opened, and shall be conducted, as nearly as practic¬ 
able, in accordance with the provisions of the general election laws of this 
State. As soon as all the votes are counted, a certificate shall be drawn 
up on each of the papers containing the poll lists and tallies, or attached 
thereto, stating the number of the votes each one voted for has received, 
and designating the office to fill which he was voted for, which number shall 
be written in figures and in words at full length. Each certificate shall be 
signed by the clerk, judge, and the inspector. One of said certificates, with 
the poll list and the tally paper to which it is attached, shall be retained 
by the inspector, and preserved by him at least six months. The ballots 
shall be strung upon a cord or thread by the inspector, during the counting 
thereof, in the order in which they are entered upon the tally list by 
the clerks; and said ballots together with the other of said certificates, 
with the poll list and tally paper to which it is attached, shall be 
sealed by the inspector in the presence of the judges and clerks, and 
indorsed “Election returns of (naming the precinct) precinct,” 
and be directed to the secretary of the board of directors, and shall be 
immediately delivered by the inspector, or by some other safe and respon¬ 
sible carrier designated by said inspector, to said secretary, and the ballots 
shall be kept unopened for at least six months; and if any person be of 
the opinion that the vote of any precinct has not been correctly counted, 
he may appear on the day appointed for the board of directors to open and 
canvass the returns, and demand a recount of the vote of the precinct that 
is so claimed to have been incorrectly counted. 

Sec. 24. Canvass of returns, how conducted. No list, tally paper, or 
certificate returned from any election, shall be set aside or rejected for 
want of form, if it can be satisfactorily understood. The board of direct¬ 
ors must meet at its usual place of meeting on the first Monday after each 
election to canvass the returns. If, at the time of meeting, the returns 
from each precinct in the district in which the polls were opened have been 
received, the board of directors must then and there proceed to canvass 
the returns; but if all the returns have not been received, the canvass 
must be postponed from day to day until all the returns have been received, 
or until six postponements have been had. The canvass must be made in 
public and by opening the returns and estimating the vote of the district 
for each person voted for, and declaring the result thereof. 

Sec. 25. Statement of result. Certificate of election. Vacancies. The 

secretary of the board of director^ must as soon as the result is declared 
enter in the records of such board a statement of such result which state¬ 
ment must show: (a) The whole number of votes cast in the district, 
and in each division of the district; (b) the names of the persons voted 
for; (c) the office to fill which each person was voted for; (d) the number 
of votes given in each precinct to each of such persons; (e) the number of 
votes given in each division for the office of director, and the number of 
votes given in the district for the offices of assessor, collector, and treasurer. 


Marking of 
ballot. 


Must be filed 
with board of 
directors 10 
days before 
election. 


Blank spaces 
on ballot. 


Papers to be 
signed by. 


Ballots, how 
to be strung. 


Papers, to 

whom 

delivered. 


Ballots, how 
long to 
preserve. 

Recount of 
vote. 


Papers not 
to be set 
aside for 
want of form. 


Canvass, 
when to take 
place. 


How’ 

conducted. 



430 


CALIFORNIA ELECTION LAWS. 


Certificate of 
election, by 
whom 
delivered. 

Vacancies 
in office, how 
filled. 


County board 
of supervi¬ 
sors, when to 
appoint. 


Offices may be 
consolidated. 

When. 


Election for. 


Not before six 
months of 
service. 


Procedure for 
recall. 

Petition for 
removal, 
number of 


signers. 


What to 
contain. 


The board of directors must declare elected the persons having the highest 
number of votes given for each office. The secretary must immediately 
make out and deliver to such person a certificate of election, signed by him, 
and authenticated with the seal of the board. 

In case of a vacancy in the office of assessor, collector, or treasurer, the 
vacancy shall be filled by appointment of the board of directors; provided, 
that if said board of directors shall neglect or refuse to make such appoint¬ 
ment within a period of forty days, then the board of supervisors of the 
county wherein the office of said board of directors is situated shall make 
such appointment. In case of a vacancy in the office of director, the 
vacancy shall be filled by appointment by the board of supervisors of the 
county where the office of such board of directors is situated, from the 
division in which the vacancy occurred. An officer appointed as above 
provided shall hold his office until the next regular election for said district, 
and until his successor is elected and qualified. 

Sec. 26. Director to be resident of district. A director shall be a 
resident and freeholder of the irrigation district, but not necessarily of the 
division for which he is elected. 

Sec. 27. Consolidation of offices. The board of directors may, in its 
discretion, consolidate any two or more of the offices of assessor, collector, 
and treasurer. The order of consolidation must be made at least thirty 
days prior to general election of the district, aud shall take effect at the 
next succeding election; provided, that the board of directors may, at least 
thirty days before a general election of the district, where the offices 
have been consolidated, segregate the same, each office to be filled at such 
election. 

Sec. 28. Petition for number of directors. In any district the board 
of directors thereof may, upon the presentation of a petition therefor, by 
a majority of the holders of title, or evidence of title, of said district, 
evidenced as above provided, order that on and after the next ensuing 
general election for the- district, there shall be either three or five directors, 
as said board may order, and they shall be elected by the district at lagre, 
or by divisions, as so petitioned and ordered; and after such order such 
directors shall be so elected. 

Sec. 28V 2 . Recall of officers. The holder oi any elective office of any 
irrigation district may be removed or recalled at any time by the electors; 
provided, he has held his office at least six months. The provisions of this 
section are intended to apply to officials now in office, as well as to those 
hereafter elected. The procedure to effect such removal or recall shall be 
as follows A petition demanding the election of a successor to the person 
sought to be removed shall be filed with the secretary of the board of 
directors of such district, which petition shall be signed by registered 
voters equal in number to at least twenty-five per cent of the highest vote 
cast within such district for candidates for the office, the incumbent of 
which is sought to be removed, at the last general election in such district 
at which an incumbent of such office was elected, or, in the case of the 
removal of the incumbent of an office elected by a subdivision of such 
district, such petition shall be signed by a like percentage of qualified 
electors of such subdivision computed upon the total number of votes cast 
in such subdivision for all candidates for the office, the incumbent of which 
is sought to be removed, at the last general election in such subdivision at 
which an incumbent of such office was elected; and said petition shall 
contain a statement of the grounds on which the removal or recall is 
sought, which statement is intended solely for the information of the 
electors. Any insufficiency of form or substance in such statement shall 
in nowise affect the validity of the election and proceedings held there¬ 
under. The signatures to the petition need not all be appended to one 
paper. Each signer shall add to his signature his place of residence, giving 
the precinct, and if within a town having named streets and numbered houses 
street and number. Each such separate paper shall have attached thereto 
an affidavit made by an elector of the district and sworn to before an 
officers competent to administer oaths, stating that the affiant circulated 


IRRIGATION DISTRICTS. 


431 


that particular paper and saw written the signatures appended thereto; and 
that according to the best information and belief of the affiant, each is the 
genuine signature of the person whose name purports to be thereunto 
subscribed and of a qualified elector of the district. Within ten days from 
the date of filing such petition, the secretary of the board shall examine 
and from the records of registration ascertain whether or not said petition 
is signed by the requisite number of qualified electors, and he shall attach 
to said petition his certificate showing the result of said examination. 
If by the said certificate the petition is shown to be insufficient, it may be 
supplemented within ten days from the date of such certificate, by the filing 
of additional papers, duplicates of the original petition except as to the 
names signed. The secretary shall, within ten days after such supplement¬ 
ing papers are filed, make like examination of a supplementing petition, 
and if a certificate shall show that all the names to such petition, including 
the supplemental papers, are still insufficient, no action shall be taken there¬ 
on; but the petition shall remain on file as a public record; and the failure 
to secure sufficient names shall be without prejudice to the filing later of 
an entirely new petition to the same effect. If the petition shall be found 
to be sufficient the secretary shall submit the same to the board of directors 
without delay, whereupon the board shall forthwith cause a special election 
to be held within not less than thirty-five nor more than forty days after 
the date of the order calling such election, to determine whether the voters 
will recall such officers; provided, that if a general election is to occur 
within sixty days from the date of the order calling for such election, the 
board may in its discretion postpone the holding of such election to such 
general election or submit such recall election at any such general election 
for officers of such district occurring not less than thirty-five days after 
such order. If a vacancy occur in said office after a recall petition is filed, 
the election shall nevertheless proceed as in this section provided. One 
petition is sufficient to propose a removal and election of one or more elective 
officials. One election is competent for the removal and election of one or 
more elective officials. Nominations for any office under such recall election 
shall be made in the manner prescribed by section 22b of this act. 

There shall be printed on the recall ballot as to every officer whose recall 
is to be voted on thereat, the following question: ‘ 1 Shall (name of person 
against whom the recall petition is filed) be recalled from the office of 
(title of the office)?” following which question shall be the words “Yes” 
and “No” on separate lines, with a blank space at the right of each, 
in which the voter shall indicate, by stamping a cross (X) his vote 
for or against £uch recall. On such ballots, under each such 
question, there shall also be printed the names of those persons 
who have been nominated as candidates to succeed the person 
recalled, in case he shall be removed from office by said recall election; 
but no vote shall be counted for any candidate for said office unless the 
voter also voted on said question of the recall of the person sought to be 
recalled from said office. The name of the person against whom the petition 
is filed shall not appear on the ballot as a candidate for the office. If a 
majority of those voting on said question of the recall of any incumbent 
from office shall vote “No,” said incumbent shall continue in said office. 
If a majority shall vote “Yes,” said incumbent shall thereupon be deemed 
removed from such office, upon the qualification of his successor. The elec¬ 
tion shall be conducted, canvass of all votes for candidates for said office 
shall be made and the result declared in like manner as in a regular elec¬ 
tion within such district. If the vote at any such recall election shall recall 
the officer, then the candidate who has received the highest number of votes 
for the office shall be thereby declared elected for the remainder of the term. 
In case the person who received the highest number of votes shall fail to 
qualify within ten days after receiving the certificate of election, the office 
shall be deemed vacant and shall be filled according to law. If the vote 
at any such recall election shall not recall the officer, no further petition 
for the recall of such officer shall be filed before the expiration of six 
months from the date of such first recall election. (Amendment approved 
January 2, 1912.) 


Secretary of 
board to 
examine 
petition. 


Supplemental 

petition. 


Election, 
when to be 
held. 


In case vac¬ 
ancy occurs 
in office after 
recall peti¬ 
tion is filed. 


Nominations 
for office 
under recall 
election, how 
made. 


Ballot. 


What to 
contain. 


Majority. 


Election, how 
to be 

conducted. 


In case 
person who 
receives high¬ 
est number ol 
votes fails to 
qualify. 


432 


CALIFORNIA ELECTION LAWS. 


To be held by 
district in 
trust. 


Sale of 
property. 


Estimate of 
money needed 
for improve¬ 
ments. 


Report sub¬ 
mitted to 
State 
engineer. 


Order of 
amount of 
bonds. 


Special 
election to 
issue bonds. 

Notices. 


What to 
contain. 


See. 29. Title of property. The legal title to all property acquired 
under the provisions of this act shall immediately and by operation of law 
vest in such irrigation district and shall be held by such district, in trust 
for, and is hereby dedicated and set apart to the uses and purposes 
set forth in this act. And said board is hereby authorized and empowered 
to hold, use, acquire, manage, occupy and possess said property, as herein 
provided. The board of directors may determine by resolution duly entered 
upon their minutes that any property real or personal, held by such irriga¬ 
tion district is no longer necessary to be retained for the uses and purposes 
thereof, and may thereafter sell such property; and a conveyance of any 
property held by an irrigaiton district, executed by the president and 
secretary thereof, in accordance with a resolution of the board of directors 
of such district, when sold for a valuable consideration, shall convey good 
title to the property so conveyed. (Amendment approved April 22, 1909.) 

Sec. 30. Estimate of money needed for improvements. For the purpose of 
constructing necessary irrigating canals and works, and acquiring the 
necessary property and rights therefor, and for the purpose of acquiring 
waters, water rights and other property necessary for the purposes of said 
district ,and otherwise carrying out the provisions of this act, the board 
of directors of any such district must, as soon after such district has 
been organized as may be practicable, and also whenever thereafter the 
construction fund has been exhausted by expenditures herein authorized 
therefrom and it is necessary to raise additional money for said purposes, 
estimate and determine the amount of money necessary to be raised. For 
the purpose of ascertaining the amount of money necessary to be raised 
for such purposes, or any of them, said board shall cause such surveys, 
examination, drawings and plans to be made as shall furnish the proper 
basis for the said estimate. All such surveys, examinations, drawings and 
plans, and the estimate of cost based thereon shall be made under the 
direction of a competent irrigation engineer and shall be certified by him. 
Said board shall then submit a copy of the said engineer’s report to the 
State engineer, who shall forthwith proceed to examine said report and any 
data in his possession or in the possession of the district and to make such 
additional surveys and examination as he may deem proper or practicable, 
and within ninety days from the time of receiving said copy of said report 
shall make to the board of directors of said district a report, which shall 
contain such matters as in the judgment of the State engineer may be 
desirable; provided, that it shall state his conclusions as to the supply of 
water available for the use of the district and the feasibility of the project 
for which the proposed bonds are to be issued. After receiving said report, 
said board of directors, if it shall be convinced 'and shall declare by 
resolution that the supply of water available for the use of the district is 
sufficient for the project for which the proposed bonds are to be issued, 
if said issue, or any part thereof, is to be used for the acquisition or con¬ 
struction of irrigation works, and that the said project is feasible, shall 
make an order determining the amount of bonds that should be issued 
in order to raise the amount of money needed for the purpose or 
purposes for which said bonds are desired. And thereafter said board, 
when petitioned by a majority of the holders of title, or evidence of title, 
and of possessory rights to lands within the district, such holders of title, 
or evidence of title, and of such possessory rights representing a majority 
in value of said lands according to the equalized assessment-roll of the 
district, if such has theretofore been made, and, if such has not been made, 
then according to the equalized county assessment-roll covering the lands 
m such district, shall immediately call a special election, at which shall be 
submitted to the electors of such district possessing the qualifications 
prescribed by this act the question whether or not the bonds of said district 
in the amount as set forth in said petition shall be issued. Notice of such 
election must be given by posting notices in three public places in each 
election precinct in said district for at least twenty days and also by 
publication of such notice in some newspaper published in the county 
where the office of the board of directors of such district is required to be 
kept, once a week for at least three successive weeks. Such notices must 
specify the time of holding the election, the amount of bonds proposed to be 


IRRIGATION DISTRICTS. 


433 


issued; and said election must be held and the result thereof determined 
and declared in all respects as nearly as practicable in conformity with the 
provisions of this act governing the election of officers; provided, that no 
informalities in conducting such an election shall invalidate the same 
if the election shall have been otherwise fairly conducted. At said election 
questions as to the issuance of bonds may be submitted separately on the 
same ballot if estimates of the cost of the respective projects have been 
made and the State engineer has reported thereon and the aforesaid peti¬ 
tion has requested that said questions be so submitted and the respective 
propositions have been stated in the notices of the election. At such election 
the ballots shall contain a statement of the proposition or propositions to 
be voted on, including the amount of bonds proposed to be issued for each 
purpose. Each proposition shall be followed by the words “Yes” and 
“No, ” on separate lines, with a small inclosed space after each of said 
words. The electors shall vote for or against any proposition by stamping 
a cross (X) in the voting space after the word “Yes” or “No” respect¬ 
ively. On the ballot shall be printed the following under the heading 
“Instructions to voters”: “To vote for a proposition, stamp a cross (X) in 
the voting space after the word ‘Yes’ following the proposition.’’ “To 
vote against a proposition, stamp a cross (X) in the voting space after the 
word ‘No’ following the proposition.” If a majority of the votes cast 
for and against any proposition are for “Yes,” the board of directors 
shall cause bonds in the amount specified in such proposition to be issued; 
if a majority of the votes cast for and against any proposition are for 
“No,” the result of the vote on such proposition shall be so declared and 
entered of record. Whenever thereafter a petition of the character herein¬ 
before provided for in this section is presented to the board, it shall so 
declare of record in its minutes and shall thereupon submit such questions 
to said electors in the same manner and with like effect as at such previous 
election. (Amendment approved June 16, 1913. .In effect August 10, 1913.) 

Sec. 31. Life of bonds. All bonds issued under the provisions of this 
act shall be payable in gold coin of the United States, in twenty series, as 
follows, to wit: At the expiration of twenty-one years from the date of 
any issue of said bonds, two per centum of the whole amount of such 
issue; at the expiration of twenty-two years from said date, tw r o per centum 
of the whole amount of such issue; at the expiration of twenty-three years 
from said date, three per centum of the whole amount of such issue; at 
the expiration of twent} r -four years from said date, three per centum of 
the whole amount of such issue; at the expiration of twenty-five years from 
said date, four per centum of the whole amount of such issue; at the 

expiration of twenty-six years from said date, four per centum of the 

whole amount of such issue; at the expiration of twenty-seven years from 
said date, four per centum of the whole amount of such issue; at the expira¬ 
tion of twenty-eight years from said date, four per centum of the whole 
amount of such issue; "at the expiration of twenty-nine years from said date, 
five per centum of the whole amount of such issue* at the expiration of 
thirty years from said date, five per centum of the whole amount of such 
issue"; at the expiration of thirty-one years from said date, five per centum 
of the whole amount of such issue; at the expiration of thirty-two years 
from said date, five per centum of the whole amount of such issue; at 
the expiration of thirty-three years from said date, six per centum of the 
whole amount of such' issue; at the expiration of thirty-four years from 
said date, six per centum of the whole amount of such issue; at the expira¬ 
tion of thirty-five years from said date, six per centum of the whole amount 

of such issue; at the expiration of thirty-six years from said date, six per 
centum of the whole amount of such issue; at the expiration of thirty-seven 
years from said date, seven per centum of the whole amount of such issue; 
at the expiration of thirty-eight years from said date, seven per centum of 
the whole amount of such issue; at the expiration of thirty-nine years from 
said date, eight per centum of the whole amount of such issue; at the 
expiration of forty years from said date, eight per centum of the whole 
amount of such issue; provided, that the bonds of any issue may be made 
payable at the end of shorter periods than are specified herein and the 


Questions on 
ballot. 


Ballot, what 
to contain. 


Payable in 
twenty series. 
Per centum. 


May be paid 
at end of 
shorter 
periods. 


434 


CALIFORNIA ELECTION LAWS. 


Interest, 
when payable. 


Denomina¬ 

tions. 


Interest 

coupons. 


Record of 
bonds sold. 


Board may 
sell bonds. 


Notice by 
publication. 


What to 
state. 


Special 
election to 
sell bonds for 
less than par. 


How 

conducted. 


Proposition, 
what to 
state. 


number of series in any issue may be less than twenty, if the number of 
series in the proposed issue, and the proposed periods at the end of which the 
respective series shall be payable are specified in the petition and in the 
notices of the election provided for in section 30 of this act. While the 
foregoing several enumerated percentages are of the entire amount of the 
bond issue, each bond must be made payable at a given time for its entire 
amount and not for a percentage. ' t'he date of issue of any bond authorized 
under this act shall be deemed to be the apparent date of issue of the said 
bonds appearing upon the face thereof, which date shall be subsequent to 
the date of the bond election authorizing said bonds and prior to the 
date of actual delivery of said bonds to the purchasers thereof. Said bonds 
shall bear interest at a rate to be determined by the board of directors of 
the district issuing them, but not exceeding six per cent per annum payable 
semi-annually on the first day of January and the first day of July of each 
year. Principal and interest shall be payable at the place designated 
therein. Said bonds shall be each of the denomination of not less than 
one hundred dollars nor more than one thousand dollars as the board of 
directors may determine; shall be negotiable in form, signed by the presi¬ 
dent and secretary of said board of directors, and the seal of the board 
shall be affixed thereto. Each issue shall be numbered consecutively as 
issued, and bonds of each issue shall be numbered consecutively and bear 
date at the time of their issue. Coupons for the interest shall be attached 
to each bond, signed by the secretary. Said bonds shall express on their 
face that they were issued by authority of this act, stating its title and date 
of approval, and also stating the number of the issue of which such bonds 
are a part. The secretary shall keep a record of the bonds sold, their number, 
the date of the sale, the price received and the name of the purchaser. The 
provision of this section defining what shall constitute the date of issue of 
bonds shall apply to any and all bonds issued in pursuance of this act. 
(Amendment approved June 16, 1913. In effect August 10, 1913.) 

Sec. 32. Sale of bonds. The board may sell said bonds from time to 
time in such quantities as may be necessary and most advantageous to raise 
money for the construction of said canals and works, the acquisition of 
said property and rights, or the acquisition of any water or water rights, 
and otherwise to fully carry out the objects and purposes of this act. 
Before making any sale the board shall, at a meeting, by resolution, declare 
its intention to sell a specified amount of the bonds, and the day and hour 
and place of such sale, and shall cause such resolution to be entered in the 
minutes, and notice of the sale to be given, by publication thereof at least 
three weeks in some newspaper published in the county where the office of 
the board of directors is located and in any other newspaper at its dis¬ 
cretion. The notice shall state that sealed proposals will be received by 
the board at their office, for the purchase of bonds, till the day and hour 
named in the resolution. At the time appointed the board shall open the 
proposals and award the purchase of the bonds or any portion or portions 
thereof to the highest responsible bidder or bidders; provided, however, that 
they may reject any or all bids. (Amendment approved June, 16, 1913. In 
effect August 10, 1913.) 

Sec. 32y 2 . Election on sale of bonds for less than par. If any irrigation 
district bonds have been authorized before the time when this section shall 
go into effect but have not been sold and the board of directors of said 
district deems it desirable that said board be authorized to sell said bonds 
for less than the par value thereof, said board may call a special election 
to submit to the voters of the district said proposition. Such election shall 
be held and notice thereof shall be given in the same manner as is provided 
in the case of special elections to authorize the issuance of bonds in irriga¬ 
tion districts. The proposition shall be stated in substantially the following 

form: “Shall the board of directors of. (insert the name) irrigation 

district be authorized to sell bonds of the district for less than the par 
value thereof?” followed by the words “Yes” and “No,” as provided in 
section 30 hereof. If at least two-thirds of the legal votes cast at such 
election are for “Yes,” then the board of directors may sell any bonds 
authorized by said district before this section shall take effect, to the 



IRRIGATION DISTRICTS. 


435 


highest responsible bidder or bidders, as is provided in the foregoing 
section. If less than twoi-thirds of the legal votes cast at such election shall 
be for ‘ ‘ Yes, ’ ’ the result shall be entered of record. (New section 

approved June 16, 1913.) 

Sec. 33. Bonds, and Interest, how paid. Said bonds, and the interest 
thereon, shall be paid by revenue derived from an annual assessment upon 

the real property of the district; and all the real property in the district 

shall be and remain liable to be assessed for such payments, as hereinafter 
provided. 

Sec. 34. Assessment to complete works. In case the money raised by 
the sale of bonds issued be insufficient or in case the bonds be unvailable 
for the completion of the plan of canal and works adopted and the acquisi¬ 
tion of the necessary property, waters and water rights therefor, and 

additional bonds be not voted, it shall be the duty of the board of directors 
to provide for the completion of said plan, and the acquisition of such 
necessary property, waters and water rights, by levy of assessments there¬ 
for; provided however, that such levy of assessments shall not be made 
accept first an estimate of the amount required for such purposes has been 
made by said board, and the question as to the making of said levy sub¬ 
mitted to a vote of the electors of the district. Before such question is sub¬ 
mitted the order of submission shall be entered in the minutes of the board, 
stating the amount to be levied and the purpose therefor, and if submitted 
at a special election said order shall, in addition, fix the day of election. 
Notice of such election must be given by posting notices in three public 
places in each election precinct in said district for at least twenty days, 
and also by publication of such notice in some newspaper published in the 
county where the office of the board of directors of such district is required 
to be kept, once a week for at least three successive weeks. Such notices 
must specify the time of holding the election, and the amount of assessment 
proposed to be levied. Said election must be held and the result thereof 
determined and declared in all respects as nearly as practicable in conformity 
with the provisions of this act governing the election of officers; provided, 
that no informalities in conducting such an election shall invalidate the 
same, if the election shall have been otherwise fairly conducted. At such 
election the ballots shall contain the words “Assessment—Yes, ” or 
“Assessment—No,” or words equivelant thereto. If a majority of the votes 
cast are “Assessment—Yes,” the board of directors shall cause an asssess- 
ment in the amount named in the order of submission to be levied; if a 
majority of the votes cast are “Assessment—No,” the result of such election 
shall be so declared and entered of record. (Amendment approved March 
28, 1911.) 

Sec. 35. Duties of the assessor. The assessor must, between the first 
Monday in March and the first Monday in June, in each year, assess all 
real estate in the district, to the persons who own, claim or have possession 
or control thereof, at its full cost value, as follows: He must prepare an 
assessment-book, with appropriate headings, in which must be listed all such 
property within the district, in which must be specified, in separate columns, 
under the appropriate head; (1) the name of the person to whom the 
property is assessed. If the name is not known to the assessor, the property 
shall be assessed to “unknown owners”; (2) land by township, range, 
section or fractional section, and when such land is not a congressional 
division or subdivision, by metes and bounds, or other description sufficient 
to identify it, giving an estimate of the number of acres and locality; 
(3) city and town lots, naming the city or town, and the number and block, 
according to the system of numbering in such city or town; (4) the cash 
value of real estate, other than city or town lots; (5) the cash value of 
city and town lots; (6) the total value of all property assessed, (7) the total 
value of all property after equalization by the board of directors; (8) such 
other things as the board of directors may require. Improvements on any 
lands or town lots within such district, shall be exempt from taxation for 
any of the purposes mentioned in this act. Any property which may have 
escaped the payment of any assessment for any year, shall, in addition 
to the assessment for the then current year, be assessed for such year with 


By assessment 
on real 
property. 


Levy of 
assessments. 


Estimate of 
amount re¬ 
quired. 


Special 

election. 


Notice of 
election, 
when to be 
posted. 

Notice, what 
to specify. 
Election, how 
to be con¬ 
ducted. 

Ballot, what 
to contain. 


Time of 
assessing. 


Manner of 
assessing. 


Assessment 

book. 


Improvements 
that shall be 
exempt. 


436 


CALIFORNIA ELECTION LAWS. 


Improvements 

defined. 


Notice that 
assessments 
are due. 


When 

delinquent. 


Special 
election to 
raise money. 


How called. 


Notice, what 
to contain. 

Ballot, 
form of. 


Rate of 
assessment. 


Amount. 


Emergency • 
indebtedness, 
amount 
allowed. 


the same effect and with the same penalties as are provided for in such 
current year. (The term improvements as used in this section includes 
trees, vines, alfalfa and all growing crops and all buildings and structures 
of whatever class, or description erected or being erected upon said lands or 
city or town lots.) Provided that the provisions of this section relating to the 
exemption of improvements on any lands or town lots situated within the dis¬ 
trict shall be exempt from taxation, shall not apply in any district now or¬ 
ganized unless said provisions shall be approved by a vote of a majority of 
the resident holders of title to lands situated within the district and subject 
to taxation therein at a special election called for the purpose of making 
said provision herein applicable . (Amendment approved March 19, 1909.) 

Sec. 41. Notice that assessments are due. On or before the first day 
of November the secretary must deliver the assessment-book to the collector 
of the district, who shall within twenty days publish a notice in a news¬ 
paper published in each county in which any portion of the district may 
lie, that said assessments are due and payable and will become delinquent 
at 6 o’clock p. m. on the last Monday of December next thereafter, and 
that unless paid prior thereto ten per cent will be added to the amount 
thereof, and also the time and place at which payment of assessments may 
be made, which notice shall be published for the period of two weeks. 
The collector must attend at the time and place specified in the notice to 
receive assessments, which must be paid in gold and silver coin; he must 
mark the date of payment of any assessment in the assessment-book 
opposite the name of the person paying and give a receipt to such person, 
specifying the amount of the assessment and the amount paid, with the 
description of the property assessed. On the last Monday in December 
at six o ’clock p. m. of each year all unpaid assessments are delinquent and 
thereafter the collector must collect thereon for the use of the district an 
addition of ten per cent. (Amendment approved June 16, 1913. In effect 
August 10, 1913.) 

Sec. 59. Directors may call election on question of special assessment. 
The board of directors may at any time, when in their judgment it may 
be deemed advisable, call a special election and submit to the qualified 
electors of the district the question whether or not a special assessment 
shall be levied for the purpose of raising money to be applied to any of 
the purposes provided in this act. Such election must be called upon the 
notice prescribed, and the same shall be held and the result thereof determ¬ 
ined and declared in all respects in conformity with the provisions of 
section 30 of this act. The notice must specify the amount of money 
proposed to be raised and the purpose for which it is intended to be used. 
At such elections the ballots shall contain the words “Assessment—Yes” 
or “Assessment—No.” If two-thirds or more of the votes cast are 
“Assessment—Yes,” the board shall, at the time of the annual levy 
hereunder, levy an assessment sufficient to raise the amount voted; provided, 
however, that an assessment of not to exceed two per centum of the value 
of the assessable property within the district may be levied in any one 
year without such vote by the adoption of a resolution by at least* four : 
fifths of the members of the board of directors, such amount not, however, 
to exceed the sum of seventy-five thousand ($75,000) dollars; provided, 
further, that if a petition signed by qualified voters in the district equal 
in number to fifteen per centum of the votes cast at the last preceding 
general election in such district, shall, within thirty days after the board 
shall by resolution have provided for the levying of such assessment, be 
filed with such board, petitioning that an election relative to the levying 
of such assessment be held, such assessment shall not be levied without the 
election provided for in this section; provided, further, however, that 
in case of an unexpected emergency by which the flow of water in the 
canal is interrupted, the amount of the indebtedness incurred in the repair 
of the works of said district, caused by such interruption not to exceed 
in any one year forty thousand ($40,000) dollars, may also, in addition to 
the assessments hereinbefore provided for, be levied by the adoption of a 
resolution by at least four-fifths of the members of the board of directors 


IRRIGATION DISTRICTS. 


437 


at the time of the levying of the annual assessment provided for in this 
act, without the. submission of the question of such levy to a vote, as in 
this section hereinbefore provided. (Amendment approved April 26/1911.) 

Sec. 61. Directors may not incur liability in excess of bonds. The board 
of directors or other officers of the district shall have no power to incur 
any debt or liability whatever either by issuing bonds or otherwise in excess 
of the express provisions of this act; and any debt or liability incurred in 
excess of such express provisions shall be and remain absolutely void except 
that for the purposes of organization or for any of the purposes of 
this act the board of directors may, before the collection of 
the first assessment, incur indebtedness in such sum or sums 
as shall amount to two thousand dollars, or, if the district shall contain 
more than four thousand acres, to one-half as many dollars as there are 
acres of land in the district, and may cause warrants of the district to be 
issued therefor, bearing interest at seven per cent per annum; provided, 
however, that in no case shall the total amount of warrants authorized in 
this section exceed $50,000, and all such warrants must be made payable 
not later than the first day of January after the first assessment shall be 
levied in the district issuing such warrants; and provided further, that 
nothing .contained in this section shall be contrued as limiting the right of 
the board to enter into any contract or lease for any lands, waters, water 
rights or other property, as in this act provided for, and by such lease or 
contract to bind the district for the payment of the rental or consideration 
specified in such lease or contract; and provided, further, that any warrant 
of the district payable on demand, if presented to the treasurer for pay¬ 
ment when funds are not available for the payment thereof, shall there¬ 
after draw interest at the rate of five per cent per annum until public 
notice is given that such funds are available. Upon the presentation of 
any such warrant for payment when funds of the district are not available 
to pay the same, the treasurer of the district shall indorse thereon the 
words, “Funds not available for payment, ” with the date of presentation, 
and shall sign his name thereto. He shall keep a record, showing the 
number and amount of each such warrant, the date of its issuance, the 
person in whose favor it was issued and the date of its presentation for 
payment. Whenever there is sufficient money in the treasury to pay all such 
outstanding warrants, or whenever the board of directors shall order that 
all such warrants presented for payment prior to a certain date be paid 
and there is sufficient money available for such payments, the treasurer 
shall give notice in some newspaper published in the district, or, if none 
is published therein, then in some newspaper published in the county in 
which the district or any portion thereof is situated, or, if none is published 
in such county, then the treasurer shall post such notice conspicuously in the 
place in which the board of directors of the district holds its regular meet¬ 
ings, stating that he is prepared to pay all warrants of the district for the 
payment of which funds were not available upon their original presentation, 
or all such warrants which were presented for payment prior to the date 
fixed by the board of directors, as the case may be, and no further descrip¬ 
tion of the warrants entitled to payment shall be made in such notice. 
Upon the presentation of any warrant entitled to payment under the terms 
of such notice the treasurer shall pay it, together with interest thereon at 
the rate of five per cent per annum from the date of its original presenta¬ 
tion for payment to the date of the first publication or posting of the 
aforesaid notice, and all warrants for the payment of which funds are 
declared in said notice to be available shall cease to draw interest at the 
time of the first publication or posting of said notice. The treasurer shall 
enter in the record hereinbefore required to be kept the dates of the pay¬ 
ment of all such warrants, the names of the persons to who payments are 
made and the amount paid to each person. (Amendment approved June 16, 
1913. In effect August 10, 1913.) 

Sec. 74. Exclusion of lands. The boundaries of any irrigation district 
now organized or hereafter organized under the provisions of this act may 
be changed, and tracts of land which were included within the boundaries 
of such district at or after its organization under the provisions of said act, 


Directors 
may not 
incur liability 
in excess of 
bonds. 


Warrants not 
paid to bear 
interest. 


Duty of 
Treasurer. 


Warrant 
register. 


Notice that 
warrants will 
be paid. 


Boundaries 
changed for 
for exclusion 
of lands. 


438 


CALIFORNIA ELECTION LAWS. 


Owners of 
tracts may 
file petition 
for exclusion 
of lands. 


Petition shall 
state what. 


Duty of 
secretary. 


What the 
notice shall 
contain. 


Objections to 
petition. 


Failure 

deemed 

assent. 


Expenses. 


may be excluded therefrom, in the manner herein prescribed; but neither 
such change of the boundaries of the districts nor such exclusion of lands 
from the district shall impair or affect its organization, or its right in or 
to property, or any of its rights or privileges of whatever kind or nature; 
nor shall it affect, impair, or discharge any contract, obligation, lien, or 
charge for or upon which said district was and may become liable or 
chargeable, had such change of its boundaries not been made, or had 

not such land been excluded from the district. 

Sec. 75. Petition of Owners for Exclusion of land. The owner or 
owners in fee of one or more tracts of land which’ constitute 

a portion of an irrigation district may jointly or severally file with the 
board of directors of the district a petition praying that such tract or 
tracts, and any other tracts contiguous thereto, may be excluded and taken 
from said district. The petition shall state’the grounds and reasons upon 
which it is claimed that such lands should be excluded and shall describe 
the boundaries thereof, and also the lands of such petitioner or petitioners 
which are included within such boundaries; but the description of such 
lands need not be more particular or certain than is required when the 
lands are entered in the assessment-book by the county assessor. Such 
petition must be acknowledged in the same manner and form as is required 

in the case of a conveyance of land, and the acknowledgement shall have 

the same force and effect as evidence as the acknowledgement of such a 
conveyance. 

Sec. 76. Publication of Filing of Petiton. The secretary of the board 
of directors shall cause a notice of the filing of such petition to be published 
for at least two weeks in some newspaper published in the county where 
the office of the board of directors is situated, and if any portion of suck 
territory to be excluded lie within another county or counties, then said 
notice shall be so published in a newspaper published within each of said 
counties, or if no newspaper be published therein, then by posting such 
notice for the same time in at least three public places in said district, and 
in case of the posting of said notices, one of said notices must be so posted 
on the lands proposed to be excluded. The notice shall state the filing 
of such petition, the names of the petitioners, a description of the lands 
mentioned in said petition, and the prayer of said petition; and it shall 
notify all persons interested in, or who may be affected by such change 
of the boundaries of the district, to appear at the office of said board 
at a time named in said notice, and show cause, in writing, if any they 
have, why the change of the boundaries of said district, as proposed in said 
petition, should not be made. The time to be specified in the notice at 
which they shall be required to show cause shall be the regular meeting of 
the board next after the expiration of the time for the publication of the 
notice! 

Sec. 77. Hearing of petition. The boards of directors, at the time and 
place mentioned in the notice, or at the time or times to which the hearing 
of said petition may be adjourned shall proceed to hear the petition, and 
all evidence or proofs that may or shall be introduced by or on behalf of 
the petitioner or petitioners, and all objections to such petition that may 
or shall be presented in writing by any person showing cause as aforesaid, 
and all evidence and proofs that may be. introduced in support of such 
objections. Such evidence shall be taken down in shorthand, and a record 
made thereof and filed with the board. The failure of any person interested 
in said district, other than the holders of bonds thereof outstanding at the 
time of the filing of said petition with said board, to show cause, in writing, 
why the tract or tracts of land mentioned in said petition should not be 
excluded from said district, shall be deemed and taken as an assent by 
him to the exclusion of such tract or tracts of land, or any part thereof, from 
said district; and the filing of such petition with said board, as aforesaid, 
shall be deemed and taken as an assent by each and all such petitioners to 
the exclusion from such district of the lands mentioned in the petition, or 
any part thereof. The expenses of giving said notree and of the aforesaid 
proceeding shall be paid by the person or persons filing such petition. 


IRRIGATION DISTRICTS. 


439 


Sec. 78. Decisions of board on hearing petition. If, upon the “hearing 
of any such petition, no evidence or proofs in support thereof be introduced, 
or if the evidence fail to sustain said petition, or if the board deem it not 
for the best interests of the district that the lands, or some portion thereof, 
mentioned in the petition, should be excluded from the district, the board 
shall order that said petition be denied as to such lands; but if the said 
board deem it for the best interest of the district that the lands mentioned 
in the petition, or some portion thereof, be excluded from the district, 
and if no person intersted in the district show cause, in writing, why the 
said lands, or some portion thereof, should not be excluded from the 

district, or if, having shown cause, withdraws the same, or upon the 

hearing fails to establish such objections as he may have made, then it shall 
be the duty of the board to, and it shall iorthwith, make an order that 

the lands mentioned and described in the petition, or some defined portion 

thereof, be excluded from said district; provided, that it shall be the duty 
of said board to so order, upon petition therefor as aforesaid, that all lands 
so petitioned to be excluded from said district shall be excluded therefrom 
which cannot be irrigated from, or which are not susceptible to, or would 
not, by reason of being permanently devoted to uses other than agricultural, 
horticultural, viticultural, or grazing, be directly benefited by the actual 
irrigation of the same from a common source or by the same system of 
works with the other lands of said district, or from the source selected, 
chosen, or provided, or the system adopted for the irrigation of the lands 
of said district, or which are already irrigated or entitled to be irrigated, 
from another source or by another system of irrigation works; provided, 
that no land irrigated by means of water, pumped from an underground 
source or sources shall be entitled to exclusion from any irrigation 
district on account of being so irrigated, if it shall be shown that such 
land is or will be substantially benefited by subirrigation from the works 
of said district or by drainage works provided or required by law to be 
provided by said district, but no owner of land in any irrigation district 
shall be required to pay any assessment, except for the payment of interest 
and principal due on bonds of the district, on any land in such district 
which, when the district was organized, was irrigated by means of water 
pumped from an underground source or sources and has continued each 
year to be irrigated exclusively by such means. (Amendment approved 
June 13, 1913.) 

Sec. 79. Assent of bond-holders. If there be outstanding bonds of the 
district at the time of the filing of said petition the holders of such out¬ 
standing bonds may give their assent, in writing, to the effect that they 
severally consent that the lands mentioned in the petition ,or such portion 
thereof as may be excluded from said district by order of said board, or 
the decree of the superior court as hereinafter provided, may be excluded 
from the district; and if said lands, or any portion thereof, be thereafter 
excluded from the district; the lands so excluded shall be released 
from the lien of such outstanding bonds. The assent must be 
acknowledged by the several holders of such bonds in the same manner 
and form as is required in case of a conveyance of land, and the acknow¬ 
ledgment shall have the same force and effect as evidence as the acknow¬ 
ledgment of such conveyance. The assent shall be filed with the board, 
and must be recorded in the minutes of the board; and said minutes, 
or a copy thereof, certified by the secretary of said board, shall be 
admissible in evidence, with the same effect as the said assent, and such 
certified copy thereof may be recorded in the office of the county recorder of 
the county wherein said lands are situated. 

Sec. 80. Changes of boundaries of district to be recorded in minutes. In 

the event the said board of directors shall exclude any lands from said 
district upon petition therefor, it shall be the duty of the board of directors 
to make an entry in the minutes of the board, describing th boundaries of 
the district, should the exclusion of said lands from said district change 
the boundaries of said district, and for that purpose the board may cause 
a survey to be made of such portions of the district as the board may 


What lands 
may be 
excluded. 


What lands 
may not be 
be excluded. 


Release of 
lien. 


Assent shall 
be recorded 
in minutes of 
board. 


440 


CALIFORNIA ELECTION LAWS. 


Exclusion 
does not affect 
organization. 


Offices made 
vacant by 
exclusions of 
land. 


To be made 
thirty days 
before general 
district 
election. 

Election 
precincts, 
number of. 


Changing 
boundaries 
for inclusion 
of lands. 


Procedure. 


Petition, what 
to describe. 


Duty of 
secretary. 


Notice, what 
to show. 


deem necessary; and a certified copy of the entry in the minutes of the board 
excluding any land, certified by the president and secretary of the board, 
shall be filed for record in the recorder’s office of each county within which 
are situated any of the lands of the district; but said district, notwithstand¬ 
ing such exclusion, shall be and remain an irrigation district as fully, to 
every intent and purpose, as it would be had no change "been made in the 
boundaries of the district, or had the lands excluded therefrom never con¬ 
stituted a portion of the district. 

Sec. 81. Office of director of excluded district made vacant. If the 

lands excluded from any district under this act shall embrace the greater 
portion of any division or divisions of such district, then the office of 
director for such division or divisions shall become and be vacant at the 
expiration of ten days from the final order of the board excluding said 
lands; and such vacancy or vacancies shall be filled by appointment by the 
board of supervisors of the county where the office of such board is situated, 
from the district at large. A director appointed as above provided, shall 
hold his office until the next regular election for said district, and until his 
successor is elected and qualified. 

Sec. 82. Division of districts. At least thirty days before the next 
general election of such district the board of directors thereof shall make 
an order dividing said district into three or five divisions, as the case may 
require, as nearly equal in size as may be practicable, which shall be 
numbered first, second, third, and so on, and one director shall be elected 
by each division. For the purposes of elections in such district the said board 
of directors must establish a convenient number of election precincts, and 
define the boundaries thereof, which said precincts may be changed from 
time to time, as the board of directors may deem necessary. 

Sec. 85. Inclusion of lands. The boundaries of any irrigation district 
now organized or herafter organized under the provisions of this act may 
be changed in the manner herein prescribed; but such change of the 
boundaries of the district shall not impair or affect its organization or its 
rights in or to property or any of its rights or privileges of whatsoever 
kind or nature; nor shall it affect impair or discharge any contract obliga¬ 
tion, lien, or charge for or upon which it was or might become liable or 
chargeable, had such change of its boundaries not been made. 

Sec. 86. Manner of procedure for inclusion of lands. The holder or 
holders of title or evidence of title, representing one-half or more of any 
body of lands adjacent to the boundary of an irrigation district, which are 
contiguous, and which, taken together, constitute one tract of land, may 
file with the board of directors of said district a petition, in writing, praying 
that the boundaries of said district may be so changed as to include therein 
said lands. The petition shall describe the boundaries of said parcel or 
tract of land and shall also describe the boundaries of the several parcels 
owned by the petitioners if the petitioners be the owners, respectively, of 
distinct parcel, but such descriptions need not be more particular than 
they are required to be when such lands are entered by the county assessor 
in the assessment-book. Such petition must contain the assent of the peti¬ 
tioners to the inclusion within said district of the parcels or tracts of land 
described in the petition, and of which said petition alleges they are, 
respectively, the owners; and it must be acknowledged in the same manner 
that conveyances of land are required to be acknowledged. 

Sec. 87. Notice of filing of petition, etc. The secretary of the board of 
directors shall cause a notice of the filing of such petition to be given and 
published in the same manner and for the same time that notices of special 
elections for the issue of bonds are required by this act to be published. 
The notice shall state the filing of such petition and the names of the 
petitioners, a description of the lands mentioned in said petition, and the 
prayer of said petition; and it shall notify all persons interested in, or 
that may be affected by such change of the boundaries of the district, 
to appear at the office of said board, at a time named in said notice, and 
show cause in writing, if any they have, why the change in the boundaries 
of said district, as proposed in said petition, should not be made. The 


IRRIGATION DISTRICTS. 


441 


time to be specified in the notice at which they shall be required to show 
cause shall be the regular meeting of the board next after the expiration 
of the time for the publication of the notice. The petitioners shall advance 
to the secretary sufficient money to pay the estimated costs of all proceed¬ 
ings under this act. 

Sec. 88. Hearing of petition. The board of directors, at the time and place 
mentioned in the said notice, or at such other time or times to which the 
hearing of said petition may be adjourned, shall proceed to hear the petition 
and all the objections thereto, presented in writing by any person showing 
cause as aforesaid why said proposed change of the boundaries of the 
district should not be made. The failure by any person interested in said 
district, or in the matter of the proposed change of its boundaries, to show 
cause, in writing as aforesaid, shall be deemed and taken as an assent on his 
part to a change of the boundaries of the district as prayed for in said peti¬ 
tion, or to such a change thereof as will include a part of said lands. And 
the filing of such petition with said board, as aforesaid, shall be deemed 
and taken as an assent on the part of each and all of such petitioners to 
such change of said boundaries that they may include the whole or any 
portion of the lands described in said petition. 

Sec. 89. Condition precedent. The board of directors to whom such 
petition is presented, may require, as a condition precedent to the granting 
of the same, that the petitioners shall severally pay to such district 
such respective sums, as nearly as the same can be estimated (the several 
amounts to be determined by the board), as said petitioners or their grantors 
would have been required to pay to such district as assessments, had such 
lands been included in such district at the time the same was originally 
formed. 

Sec. 90. Decision of board of directors. The board of direotors, if they 
deem it not for the best interest of the district that a change of its bound¬ 
aries be so made as to include therein the lands mentioned in the petition, 
shall order that the petition be rejected. But if they deem it for the best 
interests of the district that the boundaries of said district be changed, 
and if no person interested in said district or the proposed change of its 
boundaries shows cause, in writing, why the proposed change should not 
be made, or if, having shown cause, withdraws the same, the board may 
order that the boundaries of the district be so changed as to include therein 
the lands mentioned in said petition or some part thereof. The order shall 
describe the boundaries as changed, and shall also describe the entire 
boundaries of the district as they will be after the change thereof as afore¬ 
said is made; and for that purpose the board may cause a survey to be 
made of such portions of such boundary as is deemed necessary. 

Sec. 91. When board of directors may call election to change boundaries. 

If any person interested in said district or the proposed change of its 
boundaries, shall show cause as aforesaid why such boundaries should not be 
changed, and shall not withdraw the same, and if the board of directors 
deem it for the best interests of the district that the boundaries thereof be 
so changed as to include therein the lands mentioned in the petition, or some 
part thereof, the board shall adopt a resolution to that effect. The resolu¬ 
tion shall describe the exterior boundaries of the lands which the board 
are of the opinion should be included within the boundaries of the district 
when changed. 

Sec. 92. Election to change boundaries of district. Upon the adoption 
of the resolution mentioned in the last preceding section, the board shall 
order that an election be held within said district, to determine whether 
the boundaries of the district shall be changed as mentioned in said resolu¬ 
tion ; and shall fix the time at which such election shall be held, and cause 
notice thereof to be given and published. Sufch notice shall be given and 
published, and such election shall be held and conducted, the returns thereof 
shall be made and canvassed, and the result of the election ascertained and 
declared, and all things pertaining thereto conducted in the manner 
prescribed by said act in case of a special election to determine whether 
bonds of an irrigation district shall be issued. The ballots cast at said 


Petitioners to 

advance 

money. 


Objections to 
petition. 


In case board 
orders that 
petition be 
rejected. 


Procedure. 


Resolution. 


Election. 


Notice of 
election, etc. 


Ballot, 
form of. 


442 


CALIFORNIA ELECTION LAWS. 


Majority. 


Order 
describing 
boundaries 
of district. 


Copy to be 
filed with 
county 
recorder. 


Guardians, 
etc., who 
may sign 
petition. 


Board to 
make order 
30 days 
prior to 
general 
district 
election. 
Numbering 
of district. 


When bonded 
indebtedness 
is greater 
than needs 
of district. 


Election. 

Notice, what 
to contain. 


election shall contain the words “For change of boundary,” or “Against 
change of boundary,” or words equivalent thereto. The notice of election 
shall describe the proposed change of the boundaries in such manner and 
term that it can readily be traced. 

Sec. 93. Declaration of result. If at such election a majority of all the 
votes cast at said election shall be against such change of the boundaries 
of the district, the board shall order that said petition be denied, and 
shall proceed no further in that matter. But if a majority of such votes 
be in favor of such change of the boundaries of the district, the board 
shall thereupon order that the boundaries be changed in accordance with 
said resolution adopted by the board. The said order shall describe the 
entire boundaries of said district, and for that purpose the board may 
cause a survey of such portions thereof to be made as the board may deem 
necessary. 

Sec. 94. Order of board to be recorded. Upon a change of the boundaries 
of a district being made, a copy of the order of the board of directors 
ordering such change, certified by the president and secretary of the board, 
shall be filed for record in the recorder’s office of each county within which 
are situated any of the lands of the district, and thereupon the district 
shall be and remain an irrigation district, as fully, and to every intent 
and purpose, as if the lands which are included in the district by the 
change of the boundaries, as aforesaid, had been included therein at the 
original organization of the district. 

Sec. 95. Minutes of board shall be admissible in evidence. Upon the 
filing of the copies of the order, as in the last preceding section mentioned, 
the secretary shall record in the minutes of the board the petition aforesaid; 
and the said minutes, or a certified copy thereof, shall be admissible in 
evidence, with the same effect as the petition. 

Sec. 96. Eights of guardian and etc. A guardian, an executor, or an 
administrator of an estate, who is appointed as such under the laws of this 
State, and who, as such guardian, executor, or administrator, is entitled to 
the possession of the lands belonging to the estate which he represents, 
may, on behalf of his ward, or the estate which he represents, upon being 
thereunto authorized by the proper court, sign and acknowledge the petition 
in this act mentioned, and may show cause, as in this act mentioned, why the 
boundaries of the district should not be changed. 

Sec. 97. Redivision of district. In case of the inclusion of any land 
within any district by proceedings under this act, the board of directors 
must, at least thirty days prior to the next succeeding general election, 
make an order redividing such district into three or five divisions, as the 
case may require, as nearly equal the size as may be practicable, which 
shall be numbered first, second, third, and so on, and one director shall 
thereafter be elected by each division. For the purposes of elections, the 
board of directors must establish a convenient number of election precincts 
in said districts, and define the boundaries thereof, which said precincts 
may be changed from time to time, as the board may deem necessary. 

Sec. 98. Special election for reduction of bonded indebtedness. When.- 
ever the board of directors of an irrigation district heretofore organized, 
or hereafter organized under the provisions of this act, shall determine that 
the authorized bonded indebtedness of such irrigation district is greater 
than such district is liable to need to complete its systems as planned, and 
there be no outstanding bonds, the board of directors may call a special 
election for the purpose of voting upon a proposition to reduce such bonded 
indebtedness to such sum as the board may determine to be sufficient for 
such purpose. 

Sec. 99. Notice of special election, how given. Notice of the said 
election shall be given in the same manner as provided in section thirty of 
said act, in relation to calling special elections for issuance of bonds. The 
notice of election must state the amount of the authorized bonded indebted¬ 
ness of such district, and the amount to which it is proposed to reduce 
the same; also, the date on which said election will be held, and the polling- 
places, as established, by said board of directors. The ballots east at said 


IRRIGATION DISTRICTS. 


443 


election shall contain the words “For reducing bonds—Yes,” or “For 
reducing bonds No. ’ When the vote is canvassed by the board of directors 
and entered of record, if a majority of the votes cast shall be “For reducing 
bonds—Yes, ’ ’ then in that event the board of directors shall only be em¬ 
powered to issue or sell such amount of bonds as was stipulated in' the said 
notice of such special election; but if a majority of said votes are not 
“For reducing bonds—Yes,” then the authority to issue bonds shall remain 
the same as before said special election was held. 

Sec. 106. Special election for the purpose of destruction of unsued bonds. 

Whenever there remains in the hands of the board of directors of any irri¬ 
gation district heretofore organized, or organized under the provisions of 
this act, after the completion of its ditch system, and the payment of all 
demands against such district, any bonds voted to be issued by said district, 
but not sold, and not necessary to be sold for the raising of funds for the 
use of such district, said board of directors may call a special election for 
the purpose of voting upon a proposition to destroy said unsold bonds, or 
so many of them as may be deemed best, or may submit such proposition at 
a general election. 

Sec. 107. Election, how to be conducted. Such election shall be held in 
the same manner as other elections held under the provisions of this act. 
A notice of such election shall be given in the same manner as provided in 
section thirty of this act in relation to calling special elections for the 
issuance of bonds. The notice of election must state the amount of the 
bonded indebtedness of such district authorized by the vote of the district, 
the amount of the bonds remaining unsold, and the amount proposed to be 
destroyed, and the date on which such election is proposed to be held, and 
the polling-places as fixed by the board of directors. The ballot to be cast 
at such election shall contain the words “For destroying bonds—Yes,” 
and “For destroying bonds—No,” and the voter must erase the word 
“No” in case he favors the destruction of bonds, otherwise the word 
“Yes.” 

Sec. 108. Two-thirds majority. When the vote is canvassed by the board 
of directors and entered of record, if a two-thirds majority of the votes 
cast should be found to be in favor of the destruction of said bonds, 
then the persident of the board, in the presence of a majority of the mem¬ 
bers of the board, must destroy the bonds so voted to be destroyed; and 
the total amount of bonds so destroyed and cancelled shall be deducted from 
the sum authorized to be issued by the electors of said district and no part 
thereof shall thereafter be reprinted or reissued. 

Sec. 109. Saving clauses. Nothing in this act shall be so construed as 
to affect the validity of any district heretofore organized under the laws of 
this State, or its rights in or to property, or any of its rights or privileges 
of whatsoever kind or nature; but said districts are hereby made subject 
to the provisions of this act so far as applicable; nor shall it affect, impair, 
or discharge any contract, obligation, lien, or charge for, or upon which it 
was or might become liable or chargeable had not this act been passed; 
nor shall it affect the validity of any bonds which have been issued but 
not sold; nor shall it affect any action which now may'be pending. 

Sec. 110. Repeal. Nothing in this act shall be construed as repealing 
or in any wise modifying the provisions of any other act relating to the 
subject of irrigation of water commissioners, except such as may be con¬ 
tained in the act, an act entitled an act to provide for the organization 
and government of irrigation districts, and to provide for the acquisition 
of water and other property, and for the distribution of water thereby for 
irrigation purposes, approved March seventh, eighteen hundred and eighty- 
seven, and the subsequent acts supplementary thereto, and amendatory there¬ 
of, all of which acts, so far as they may be inconsistent herewith, are 
hereby repealed. 

Sec. 111. Act, when to take effect. This act shall take effect from and 
after its passage and approval. 


Ballot, 
form of. 


Majority. 


Bonds that 
are not 
necessary, 
to be sold. 


Notice of 
election. 


Contents of. 


Ballot, 
form of. 


Majority. 


Validity of 
other irriga¬ 
tion laws, 
that are not 
affected. 


Not to be 
construed 
with provi 
sions of 
other acts. 


444 


CALIFORNIA ELECTION LAWS. 


Procedure. 


Petition to be 
presented to 
board of 
supervisors. 


What to 
contain. 


Notice of 
election. 


What to 
contain. 


Election, how 
to be 

conducted. 


IRRIGATION DISTRICTS. 

An act to provide for the issue and sale or exchange of funding bonds of 
irrigation districts organized under and in pursuance of an act of the 
legislature of the State of California entitled “An act to provide 
for the organization and government of irrigation districts and to 
provide for the acquisition of water and other property, and for the 
distribution of water thereby for irrigation purposes,” approved March 
7, 1887, to provide for the payment of such bonds, and for proceedings 
to test the validity of the same. (Approved April 1, 1897. . Stats. 1897, 
p. 394.) Amended 1901, p. 514. Sections 5-10 repealed 1901, p. 514. 

Sec. 1. Provision of payment of bonds of irrigation districts. Whenever 
an irrigation district organized under the provisions of an act entitled 
‘ ‘ An act to provide for the organization and government of irrigation 
districts, and to provide for the acquisition of water and other property, and 
for the distribution of water thereby for irrigation purposes,” approved 
March seventh, eighteen hundred and eighty-seven, or said act and the 
acts supplementary thereto, or amendatory thereof, has outstanding bonds, 
coupons, or other evidences of indebtedness, the payment thereof may be 
provided for by the issuance of new bonds, in the manner hereinafter 
prescribed. 

Sec. 2. Majority of holders of titles may act. A majority in number 
of the holders of title, or evidence of title to real property in any irriga¬ 
tion district, subject to assessment, such holders of title, or evidences of 
title, representing a majority in value of the real property of such district 
according to the equalized assessment-roll or rolls of such district for the 
year last preceding, may propose the funding of such bonds, coupons, or 
other evidences of indebtedness. Said equalized assessment-roll or rolls, 
shall be sufficient evidence of title for the purposes of this act. 

Sec. 3. Proceedings necessary to propose funding of bonds. In order 
to propose the funding of such bonds, coupons, or other evidences of indebt¬ 
edness, a petition shall be presented to the board of directors of such irri¬ 
gation district, signed by a majority in number of holders of title, or 
evidence of title to real property in such district, and representing a 
majority in value of the real property of said district subject to assessment 
for district purposes, which petition shall set forth the amount of bonds, 
coupons, or other evidences of indebtedness proposed to be funded, together 
with a general description of same, also the total amount of the bonds 
sought to be issued (provided, that said amount shall in no case be greater 
than the total amount of bonds, coupons, and other evidences of indebted¬ 
ness than outstanding and sought to have funded), together with a full 
and complete statement of the purposes for which such bonds are to be 
used. On presentation of such petition the same shall be entered in full 
on the minutes of the board. 

Sec. 4. Election to authorize the issuing of bonds by irrigation districts 
to refund bonded debt. Immediately after the recording of said petition the 
board of directors shall call a special election at which shall be submitted 
to the electors of such district the question whether or not the bonds of 
such district, in the amount set forth in said petition, shall be issued. Notice 
of such election must be given by the secretary of said district by posting 
notices in three public places in each election precinct in said district for 
at least twenty days and also by publication of such notice in some news¬ 
paper published in the county, where the office of the board of directors of 
such district is required to be kept, once a week for at least three successive 
weeks before such election. Such notice must specify the time of holding 
the election, the amount of bonds proposed to be issued, the amount of 
bonds, coupons or other evidences of indebtedness proposed to be refunded, 
together with a general description of the same. Said election shall be 
held and the result thereof determined and declared in all respects as nearly 
as practicable in conformity with the provisions governing the election of 
officers; as provided by the law governing irrigation districts, at the time 
of the holding of the election herein provided for; provided, that no inf or- 


IRRIGATION DISTRICTS. 


445 


malities in conducting such an election shall invalidate the same, if the 
election shall have been otherwise fairly conducted. At such an election 
the ballot shall contain the words “Bonds—Yes” or. “Bonds—No,” or 
words equivalent thereto. If two-thirds of the votes cast at such election 
are “Bonds—Yes,” the board of directors shall direct and cause bonds in 
said amount to be issued. If more than one-third of the votes cast at such 
election are “Bonds—No,” the result of such election shall be so declared. 
The result in either case shall be duly entered of record. (Amendment ap¬ 
proved March 16, 1901. In effect immediately.). Secs. 5, 6, 7, 8, 9, 10, 
repealed. (Act approved March 16, 1901.) 

Sec. 11. Issuance and payment of bonds. If said bonds are directed 
to be issued as herein provided for, the board of directors shall cause the 
same to be issued. Said bonds shall be made payable in gold coin of the 
United States, and in twenty series, as follows, to wit: On the first day of 
January after the expiration of twenty years, five per cent of the whole 
amount of said bonds, and on the first day of January of each year there¬ 
after, an equal amount of such bonds until all shall have been finally paid; 
that is, five per cent of the whole issue of bonds—not five per cent of each 
bond—each being wholly payable when due. Said bonds shall bear interest 
at the rate of five per cent per annum, payable semi-annually on the first 
day of January and July of each year. They shall be negotiable in form 
and shall bo of denominations of not less than one hundred dollars, nor 
more than five hundred dollars. Said bonds shall in all respects conform 
to the form of bonds prescribed by the laws governing irrigation districts 
at the time of their issue, except as herein otherwise provided. 

Sec. 12. Unlawful to sell or exchange bonds for less than par. It shall 
be unlawful to sell or exchange any of the bonds issued as herein provided, 
for less than their par value. 

Sec. 13. Duty of district treasurer. Y7hen bonds issued under this act shall 
be duly executed, they shall be deposited with the treasurer of the district, 
and his receipt shall be taken therefor, and he shall be charged with the 
same on his official bond, and shall have no power to deliver the same in 
exchange for any bonds or indebtedness proposed to be funded until the 
bonds or evidence of indebtedness proposed to be funded shall have been 
surrendered to him, and he shall have been ordered by the board of directors 
of the district, by an order duly entered on their records, to make such 
delivery. When such bonds have been exchanged for other bonds, coupons, 
or other evidences of indebtedness, the treasurer shall at once cancel such 
other bonds, coupons, or other evidences of indebtedness by writing across 
the face thereof “Canceled,” and the date of cancellation, and report the 
same with his monthly report to the board of directors of the district, 
designating the bond, coupon, or other evidence of indebtedness, so that it 
can be identified, the date of cancellation, and the person from whom it 
was received, together with the amount paid therefor, or the terms of 
exchange, in case there is an exchange. 

Sec. 14. Sale of bonds; power of board. When said bonds are issued 
for the purpose of sale to the highest bidder, the board may sell said bonds 
from time to time, in such quantities, as may be necessary and most advan¬ 
tageous, to raise money to pay bonds, coupons, or other evidences of indobt- 
ness of the district which were outstanding at the time of the filing 
of said petition, and generally described therein. Before making any sale, 
the board shall at a meeting, by resolution, declare its intention to sell 
a specified amount of bonds, which resolution shall be entered in the minutes 
and notice of the sale shall be given by publication thereof for at least 
three weeks in a newspaper published in the county in which the 
office of the board of directors is kept. The notice shall state that sealed 
proposals will be received by the board at its office for the purchase of 
bonds till the day and hour named in the resolution. At the time appointed 
the board shall open the proposals and award the purchase of bonds to the 
highest responsible bidder or may reject all bids; but said bonds shall in 
no event be sold for less than their par value including accrued interest. 
All moneys realided from the sale of bonds issued under the provisions 


Ballot, 
form of. 


Two-thirds 

necessary. 


How payable. 


Duration. 


Rate of 
interest. 


Denomina¬ 

tions. 

Form of 
bonds. 


Bonds to be 
deposited 
with the 
treasurer of 
district. 


Notice of 
sale. 


What to 
state. 


Not le.ss than 
par. 


446 


CALIFORNIA ELECTION LAWS. 


When to be 
made. 


How 

computed. 


Exchanging 
of bonds for 
indebtedness 
of district. 
Contract for 
exchange. 


Time of. 


Record to be. 
made of 
destroyed 
bonds. 


Bonds to be 
paid bv 
revenue 
derived from 
annual 
assessment. 


of this act shall be paid into the hands of the district treasurer, and by 
him kept in a separate fund, known as the funding fund, and shall be applied 
exclusively to the payment of bonds, coupons, or other evidences of indebted¬ 
ness of the district outstanding at the time of filing the said petition, and 
described therein. 

Sec. 15. Levy of assessment to pay bonds. At the time fixed for the 
levying of assessments for other purposes authorized by the district irri¬ 
gation law then in force, there shall be levied an assessment sufficient in 
amount to pay the principal and interest then due and unpaid on any 
bonds issued by authority of this act, and also the amount to become due 
on any such bonds during the year following such levy. The assessment 
so levied shall be computed and entered in the assessment-roU in the same 
manner and shall be collected at the same time and in the same manner 
as other assessments authorized by the district irrigation law then in force, 
and when collected, shall be paid into the district treasury, for the purposes 
herein authorized; and all the provisions of said district irrigation law 
relating to the collection of assessments and the sale and redemption of 
property therefor shall be applicable to the assessments levied under this 
act. 

Sec. 16. Bonds may be exchanged. The bonds issued as herein provided 
for may be exchanged, at not less than their par value, for any of the 
indebtedness set out and described in the notice of the election authorizing 
the issuance of said refunding bond. A contract for such exchange may 
be made by the board of directors upon such terms as said board may 
deem advisable; provided, that they must receive not less than the par 
value for the bonds so exchanged. (Amendment approved March 16, 1901. 
In effect immediately.) 

Sec. 17. Unnecessary bonds may be destroyed. Whenever there remains 
in the hands of the treasurer of any district any funding bonds voted to be 
issued by said district, but not used, and not necessary to be used for the 
funding purposes, set out and described in the petition for the issuance of 
said bonds, then said board of directors, shall at a regular meeting, within 
three months after the completion of the funding, cause the same to be 
destroyed and a record to be made thereof, and the total amount of bonds 
so destroyed and canceled shall be deducted from the sum authorized to 
be issued by the electors of said district and no part thereof shall be there¬ 
after reprinted or reissued. 

Sec. 18. Bonds shall be lien on property. Any bonds issued under the 
provisions of this act shall be a lien upon the real property of the district, 
and said bonds and the interest thereon shall be paid by revenue derived 
from an annual assessment upon the real property of the district, and all the 
real property in said district, shall be and remain liable to be assessed for 
such payments as hereinbefore provided. (Amendment approved March 
16, 1901. In effect immediately.) 

Sec. 19. This act shall take effect from and after its passage. 


IRRIGATION DISTRICTS—DISSOLUTION OF. 

An act to provide for the dissolution of irrigation districts, the ascertain¬ 
ment and discharge of their indebtedness, and the distribution of their 
property. (Approved February 10, 1903.) (Amended 1909, Ex Sess. 
1911, 1913.) 

Sec. 1. Irrigation districts may be dissolved. Any irrigation district 
organized under the provisions of an act entitled, “An act to provide for 
the organization and government of irrigation districts, and to provide for 
the acquisition of water and other property, and for the distribution of 
water thereby for irrigation purposesapproved March seven, eighteen 
hundred and eighty-seven, and all acts supplementary thereto, or amenda¬ 
tory thereof, including an act entitled, “An act to provide for the organiza¬ 
tion and government of irrigation districts, and to provide for the acquisi¬ 
tion or construction thereby of works for the irrigation of lands embraced 



IRRIGATION DISTRICTS—DISSOLUTION OF 


447 


within such districts, and, also, to provide for the distribution of water 
for irrigation purposes,’’ approved March thirty-one, eighteen hundred and 
ninety-seven, may be dissolved in the manner hereinafter provided. 

Sec. 2. Manner of dissolution. A majority in number of the holders of 
title, or evidence of title, to real property in any irrigation district, and 
a majority in value of said property according to the equalized assessment- 
roll of said district for the year last preceding upon which any assessment 
has been made, may propose the dissolution of said district by petition 
signed by such majority, which petition shall set forth the amount of the 
outstanding bonds, coupons, and other indebtedness, if such there be, together 
with a general description of the same, and the holders, so far as known, 
showing the amount of each description of indebtedness and the ownership, 
so far as known of the same. Also the estimated cost of the dissolution 
of said district. Said petition shall also state the assets of said district, 
including irrigation system, if any, dams, reservoirs, canals, franchises, 
water rights, a detailed statement of all the lands sold to the district for 
assessments, and the amount of the assessment on each parcel of land sold, 
also all assessments unpaid, and the amount upon each lot or tract of land, 
and all other assets of the district; and in case any proposition has been 
made by the holders of said indebtedness to settle the same, said proposi¬ 
tion, together with any plan proposed to carry the same into execution, shall 
be included in said petition. 

Sec 2a. Statement of district having no assets. In case an irrigation 
district has no indebtedness not barred by the statute of limitations and 
no assets and has ceased to be a going concern and has no irrigation system 
by which it conveys water for irrigation or domestic purposes to any of 
the residents of such district, the petition for dissolution mentioned in 
section 2 of said act shall contain statements showing such facts and 
also that it is the desire of the signers of such petition to have said district 
dissolved, and such petition need not contain any other statement or allega¬ 
tion and such petition need only be signed by two-thirds of the qualified 
electors residing in such district, and by the holders of title or evidence 
of title representing at least fifty per cent of the acreage within said 
district and not less than fifty per cent in value of all lands lying within 
the exterior boundaries of said district, the value of said lands to be deter¬ 
mined by the last equalized assessment-roll of said district, and said petition 
so signed and containing such statements and allegations shall be sufficient. 
In such case the plan of dissolution referred to in section 3 of said act 
may be entirely omitted and it shall not be necessary for the petitioners or 
persons signing such petition, or for the board of directors of such district 
to propose any plan for the dissolution of such district or any plan for 
the liquidation of its indebtedness or the distribution of its assets; provided, 
that the petition shall further recite the fact that an application" will be 
made the superior court of the State of California in and for the county 
in which the office of the board of directors of such district is required to 
be kept, for a decree of dissolution of said district under the provisions of 
said act. And in the case mentioned in this section it shall not be 
necessary to obtain the assent of any holder of any indebtedness or 
evidence of indebtedness of said district barred by any statute of limita¬ 
tions of this State before the election provided for in said section 
3, shall be called. Upon the filing of said petition with the board 
of directors of said district, said board shall call a special election 
at which shall be submitted to the electors of such district the question 
whether or not said district shall be dissolved. Notice of such election 
must be given by posting notices in three public places in each election 
precinct in said district for at least twenty days and also by publication of 
such notice in some newspaper published in the county where the office 
of the board of directors is required to be kept, once a week for at 
least three successive weeks before such election. Such notices must specify 
the time of holding the election, and the fact that it is proposed to dissolve 
the district. Said election must bo held and the result thereof determined 
and declared in all respects as nearly as practicable in conformity with 
provisions of law governing the election of officers in irrigation districts. 


Petition to 
dissolve dis 
trict. 


Petition 
what to 
contain. 


Unpaid 

assessments. 


In case 
district is 
not operating. 


Petition, 
what to 
contain. 


Assessment- 
roll of 
district to 
determine. 


Special 

elections. 


Notice of 
election, 
when to be 
posted. 


What to 
specify. 


448 


CALIFORNIA ELECTION LAWS. 


Ballot, 
form of. 


Plan of 
dissolution. 


Notice, 
posting of. 


Election, how 
conducted. 


Ballot, 
form of. 

Two-thirds 

majority. 


Directors to 
file petition 
with superior 
court. 

Jurisdiction. 


Contest. 


Right of 
appeal. 


At Such election the ballot shall contain the words “Dissolution of the 
district—Yes” or “Dissolution of the district—No” or words equivalent 
thereto. It shall not be necessary in winding up the affairs of any district 
organized under the laws of this State to pay all or any portion of any 
debt or obligation of such district, fcr the enforcement of which debt or 
obligation a suit is barred by the laws of this State, nor to pay any bond, 
coupon, warrant or other indebtedness, claim or demand which shall he 
barred by the laws of this State prior to the filing of the petition for 
dissolution with the board of directors of such district. (New section 
approved April 19, 1913). 

Sec. 3. Special election to dissolve district. Upon the filing of said 
petition with the board of directors of said district, said board shall call 
a special election, at which shall be submitted to the electors of such 
district the question whether or not said district shall be dissolved, its 
indebtedness liquidated, and its assets distributed in accordance with the 
plan so proposed, or in case no plan has been proposed, then in accordance 
with a plan which shall be proposed by said board of directors in the notice 
of the election, but no such election shall be called until the assent of all 
the known holders of valid indebtedness against the district shall be 
obtained or provision shall be made in said plan for the payment of such 
non-assenting holders. Notice of such election must be given by posting 
notices in three public places in each election precinct in said district for at 
least twenty days, and also by publication of such notice in some news¬ 
paper published in the county where the office of the board of directors, 
is required to be kept, once a week for at least three successive weeks, 
before such election. Such notices must specify the time of holding the 
election, the fact that it is proposed to dissolve the district, and a brief 
summary of the plan proposed for liquidating its indebtedness and disposing 
of its assets. Said election shall be held and the result thereof determined 
and declared in all respects as nearly as practicable in conformity with the 
provisions governing the election of officers in irrigation districts. At 
such election the ballot shall contain the words “Dissolution of the district 
—Yes,” or Dissolution of the district—No,” or words equivalent thereto. 

Sec. 4. Validity of proceedings, how determined. In case upon such 
canvass it is found and declared by said board of directors that two- 
thirds of the votes cast at such election shall be cast in favor of ‘ ‘ Dissolu¬ 
tion of the district—Yes”then the said board of directors shall file a petition 
in the superior court of the county wherein is located the office of such board 
to determine the validity of the proceedings had and of the proposed plan 
for the dissolution of said district. Such action shall be in the nature of a 
proceeding in rem, and jurisdiction of all parties interested may be had 
by publication of a notice of the pendency of the proceeding for at least 
once a week for three weeks in some paper of general circulation published 
in the county where the action is pending; provided, that if the property of 
the district is situate in more than one county then the publication shall 
be made in one paper in each county wherein the same is situate, such 
paper or papers to be designated by the court having jurisdiction of the 
proceedings; jurisdiction shall be complete in thirty days after the comple¬ 
tion of such notice in the manner herein provided. Anyone interested may 
at any time before the expiration of said thirty days "appear and contest 
the validity of the proceedings already had and of the plan proposed for 
the dissolution of said district, or any portion thereof, including the validity 
of any portion of the indebtedness set out in said petition, and the court 
may determine the validity of any sales for assessments, and may determine 
the amount of any assessment or assessments due upon the various parcels 
and lots of real estate within said district, and may determine the 
amount of any assessment or assessments theretofore paid upon the various 
parcels and lots of real estate therein, and may in said proceeding adjust 
and determine the rights and liabilities of all parties. Such action shall 
be speedily tried and judgment rendered. Either party shall have the right 
to appeal at any time within thirty days after the entering of such judg¬ 
ment, and the appeal must be heard and determined within three months 
after the taking of such appeal. 


IRRIGATION DISTRICTS—DISSOLUTION 01° 


440 

Sec. 5. Facts required by Superior Court. Said petition to the superior 
court shall set forth the facts required to be set forth in the petition to 
the board of directors and all the proceedings therein, and at the hearing 
the court shall hear and determine the regularity, legality, and correct¬ 
ness of all proceedings, and in doing so shajil disregard any error, 
irregularity; or omission which does not affect the substantial rights of the 
parties. The rules of pleading and practice in the Code of Civil Procedure 
not inconsistent with the provisions of this act are made applicable to the 
proceeding herein provided. The costs of any contest may be allowed and 
proportioned between the parties or taxed to the losing party in the dis¬ 
cretion of the court, and no contest of any matter or thing herein provided 
for shall be made other than in the time and manner herein specified. 

Sec. 6. Assessment—Payer of may bring action. If no such proceeding 
shall have been filed by the board of directors within thirty days after 
the canvass of said vote, then any district assessment payer may bring 
an action in the superior court of the county wherein the office of the 
board of directors is located. The board of directors shall be made parties 
defendant and notice shall be served on the members of the board person- 
^ they can be found in the State, if not, then service by publication 
as provided in section 4, shall be sufficient. Proceedings shall be had in 
the same manner and with the same effect as if brought by the board of 
directors. 

Sec. 7. Assets of district may be acquired by corporation. A corporation 
may be organized under general laws for the purpose of acquiring the 
assets of said district, including the irrigation system, if any, dams, 
reservoirs, canals, franchises and water rights, which corporation shall have 
all the powers, rights, franchises of corporate bodies organized under general 
laws, and in addition shall have such further powers as may be necessary to 
possess and carry on said irrigation system and exercise such franchise and 
water rights. 

Sec. 8. Power of Court. The Court in its decree shall have power to 
make the orders necessary to carry out said proposition for the discharge 
of the indebtedness and distribution of the property of said district, includ¬ 
ing the right to apportion any indebtedness found due, and to declare said 
portions liens upon the various parcels.and lots of land within the district, 
and may decree a sale of its assets in such manner as may effectuate said 
proposition and as the said court may judge best, either in one lot or in 
such parcels as may be provided, and may provide for conveyance of said 
irrigation system, including dams, reservoirs, canals, franchises and water 
rights, and also of any other assets of the district, including lands sold 
thereto and the assessments due it. 

Sec. 9. Assessment to be lien on property. The amounts of any assess¬ 
ment or assessments found due upon the various parcels and lots of real 
estate within said district, and the amounts for which sales have been made, 
which sales have been determined to be valid by said court, together with 
legal interest from the date of said sales and from the time when said 
assessments become delinquent, shall be liens respectively on the lots and 
parcels affected thereby, and the purchaser or purchasers at said sale may 
forclose the same by action in the superior court, and shall in said action 
join all lots, assessments, and sales which may have been purchased by 
him and which remain unredeemed. A redemption may bo made at any 
time by payment of the amount due to the clerk of the court for the use 
of the district if before sale, and for the use of the purchaser if after sale, 
and the clerk shall thereupon enter a minute of said payment, which pay¬ 
ment shall be in the discharge of said lien. Redemption from the lien 
created for any portion of the indebtedness can be had in this manner. 

Sec. 10. Disposition of surplus money. Whenever all the property ot 
such irrigation district shall have been disposed of, and all the indebtedness 
and obligations thereof, if any there be, shall have been discharged, the 
balance of the money of said district shall be distributed to the assessment 
payers in said district upon the last assessment-roll in the proportion in 
which each has contributed to the total amount of said assessment, and the 
court shall enter a final decree declaring said district to be dissolved. 


Costs of 
contest, how 
proportioned. 


Corporation 
may acquire 
assets. 


Sale of 
assets, 
manner of. 


Redemption, 
how made. 


Balance of 
money, how 
distributed. 


450 


CALIFORNIA ELECTION LAWS. 


Bonds, 

warrants, etc. 
that have 
been barred 
prior to 
filing of 
petition. 


Within unin¬ 
corporated 
and incorpor¬ 
ated territory. 


Proce.dure. 


Number of 

signers 

required. 

What to 
contain. 

Name. 


Description 
of improve¬ 
ments. 


Request for 
election. 


Map. 

Undertaking. 


At regular 
meeting of 
board of 
supervisors. 
Time of hear¬ 
ing petition. 

Notice, what 
to state. 


Sec. 10 y 2 . Indebtedness, schedule of. In the petition mentioned in 
section 2 of this act it shall not be necessary to include in the schedule of 
indebtedness any bond, coupon, warrant or other indebtedness, claim or 
demand which shall have been barred by the laws of this State prior to the 
filing of said petition with the board of directors of said irrigation 
district, nor shall it be necessary in winding up the affairs of any district 
organized under the laws of this State to pay all or any portion of a debt 
or obligation of such district, for the enforcement of which debt or obliga¬ 
tion a suit is barred by the laws of this State. (New section approved 
March 3, 1909.) 

Sec. 11. Act, when in effect. This act shall take effect immediately. 


IRRIGATION DISTRICTS—COUNTY. 

An act to provide for the formation, management and dissolution of county 
irrigation districts; for supplying the inhabitants thereof with water; 
for levying and collecting taxes on property in such districts; and for 
the issuance of county irrigation district bonds and the payment there¬ 
of. (Approved June 13. 1913.) 

Sec. 1. Formation of county irrigation districts. Any portion of a county, 
containing unincorporated territory, or containing the whole or any portion 
of one or more incorporated cities and contiguous unincorporated territory, 
and not included in a county irrigation district, may be formed into county 
irrigation district and provision made for the purpose of supplying the 
inhabitants of such district with water, in the manner and under the pro¬ 
ceedings hereinafter described. 

Sec. 2. Petition. A petition for the formation of such county irriga¬ 
tion district may be presented to the board of supervisors of the county 
in which the proposed district is located, which petition shall be signed by 
not less than fifty freeholders resident within the proposed district and shall 
contain: 

(1) The name and boundaries of the proposed county irrigation district 
to be benefited by the said improvement. 

(2) A general description of the improvement desired for the purpose of 
supplying the inhabitants of such district with water, and which may 
embrace any or all of the following: the acquisition, construction, 
installation, completion, extension, repair, or maintenance of waterworks, 
structures and appliances, and the acquisition, by purchase, condemnation, 
contract, lease or otherwise, of lands, rights of way, water, water rights 
and water service, necessary or convenient for such purpose. 

(3) An estimate of the cost of the proposed improvement and of the 
incidental expenses in connection therewith. 

(4) A request that an election be called in said district for the purpose 
of submitting to the qualified voters thereof the proposition of forming 
such district and incurring indebtedness by the issuance of bonds of such 
district to pay the cost and expenses of the proposed improvement. Such 
petition must be accompanied by a map showing the exterior boundaries of 
the proposed district with relation to the territory immediately contiguous 
thereto, and plans and specifications of the proposed improvement. There 
shall also be filed with said petition a good and sufficient undertaking, to be 
approved by the board of supervisors, in double the amount of the probable 
cost of forming such district, conditioned that the sureties shall pay said 
cost, in case the formation of such district shall not be effected. 

Sec. 3. Hearing on petition. Such petition must be presented at a 
regular meeting of said board of supervisors, and the board shall thereupon 
fix a time for hearing the same, and protests of interested parties, not less 
than twenty-one nor more than thirty days after the date of presentation 
thereof. The clerk of the board shall thereupon cause notices of the filing 
and hearing of such petition to be posted in three of the most public 
places in said district. Said notice shall be headed “ Notice of the forma- 



IRRIGATION DISTRICTS—COUNTY. 


451 


tion of. County Irrigation District No.” (stating name of county 

in which the district is located and the number of the proposed district) 
in letters not less than one inch in length, and shall, in legible characters, Type, 
state the fact and date of the filing of such petition, the date and hour set 
for hearing such petition and protest, briefly describe the proposed improve¬ 
ment, specify the exterior boundaries of the district to be benefited by 
such improvement and to be taxed to provide for such improvement, and 
refer to said petition, map and plans and specifications for further partic¬ 
ulars. The said clerk shall also cause a notice, similar in substance, to be Publication, 
published at least once a week for two consecutive weeks in a newspaper 
of general circulation printed and published in the county in which the 
proposed district is located, and designated by said board for that purpose. 

Said notice must be posted and published, as above provided, at least ten 
days before the date set for the hearing of said petition. 

Sec. 4. Written protests. Any person interested objecting to the forma- Objections to 
tion of said district, or to the extent of said district, or to the proposed formations of 
improvement, or to the inclusion of his property in said district, may file dlstricts * 
a written protest, setting forth such objections, with the clerk of said board Time of 
at or before the time set for the hearing of said petition. The clerk of said filing, 
board shall indorse on each such protest the date of its reception by him, 
and, at the time appointed for the hearing above provided for, shall 
present to said board all protests so filed with him. Said board shall hear 
said petition and protests at the time appointed, or at any time to which the 
hearing thereof may be adjourned, and pass upon the same, and its decision 
thereon shall be final and conclusive. If any of such protests be against the Protests 
formation of said district, or against the .proposed improvement, and be sustained, 
sustained, no further proceedings shall be had or taken pursuant to said 
petition, but a new petition for the same or a similar purpose may be filed at 
any time. If any of such protests be against the extent of said district, or Changes in 
against the inclusion of property in said district, then the board shall have boundaries, 
power to make such changes in the boundaries of the proposed district as 
it shall find to be proper and advisable, and shall define and establish such 
boundaries, but said board shall not modify such boundaries so as to exclude 
from such proposed district any territory which will be benefited by said 
improvement, nor shall any territory which will not, in the judgment of said 
board be benefited by such improvement be included within such proposed 
district. 

Neither shall said board modify such boundaries except after notice of 
its intention so to do, given by one insertion in a newspaper of general 
circulation printed and published in said county and designated by said 
board for that purpose, describing the proposed modification and specifying a 
time for hearing objections to such modification, which time shall be at 
least ten days after the publication of said notice. Written objections to 
such proposed modification may be filed with the clerk of said board by any 
interested person at or before the time set for hearing the same. Said 
board shall hear and pass upon such objections at the time appointed,or at any 
time to which the hearing thereof may be adjourned, and its decision there¬ 
on shall be final and conclusive. If such objections or any of them, be 
sustained, no further proceedings pursuant to such petition shall be taken, 
but a new petition fqr the same or a similar purpose may be filed at any 
time. 

At the expiration of the time within which protest may be filed, if none be 
filed, or if protest be filed, and, after hearing be denied, or at the expiration 
of the time within which objections to the modification of the boundaries of 
the district, in case such modification be proposed, may be filed, if none be 
filed, or if such objections be filed and, after hearing, be overruled, as above 
provided, then said board shall be deemed to have acquired jurisdiction to 
further proceed in accordance with the provisions of this act. 

Sec. 5. Resolution calling special election. The board of supervisors 
shall, by ordinance or resolution adopted at a regular or special meeting 
thereof after having acquired jurisdiction to proceed, as provided above, 
provide for and order the holding of a special election in such proposed 


Notice of 
intention to 
modify 
boundaries. 


Jurisdiction 

deemed 

acquired. 


\ 





452 


CALIFORNIA ELECTION LAWS. 


Special 
election to 
issue bonds. 


Maximum 
rate of 
interest. 

Establishment 
of voting 
precincts. 

Election 

officers. 

Election, how 
conducted. 


Publication 
of ordinance. 


Majority. 


Board of 
supervisors 
to prescribe 
form of 
bonds. 

How. payable. 


Date of 
maturity. 

Duration. 

Denomina¬ 

tions. 


Rate of 
interest. 

Signatures. 


Validity of 
signatures 


county irrigation district and the submission to the qualified voters thereof, 
of the proposition of forming such district and incurring a debt by the 
issuance of bonds of such district for the purposes set forth in said petition. 
The ordinance or resolution calling such special election shall also recite 
the objects and purposes for which the proposed indebtedness is to be 
incurred, the estimated cost of the proposed improvement, the amount of the 
principal of the indebtedness to be incurred therefor, and the rate of interest 
to be paid on said indebtedness, and shall fix the date on which such 
special election shall be held, the manner of holding the same, and the 
manner of voting for or against said proposition. The maximum rate of 
interest to be paid on such indebtedness shall be eight per centum per 
annum, payable semi-annually. 

Sec. 6. Precincts, polling places, election, officers etc. For the purposes 
of said election, the board of supervisors shall, in said ordinance or resolu¬ 
tion, establish one or more precincts within the boundaries of the said county 
irrigation district, designate a polling place, and appoint one inspector, 
one judge and one clerk for each such precinct. In all particulars not recited 
in such ordinance or resolution, such election shall be held as provided by 
law for holding general elections in such county. Said ordinance or resolution 
ordering the holding of said election shall, prior to the date set for such 
election, be published five times in a daily, or twice in a weekly or semi¬ 
weekly newspaper of general circulation printed and published in said 
county and designated by said board of supervisors for said purpose, and 
shall be posted in three of the most public places in said county irrigation 
district at least ten days prior to the date set for such election. No other 
notice of such election need be given. If at such election a majority of 
the votes cast are in favor of the formation of such district and the 
incurring of such bonded indebtedness, then the board of supervisors shall 
enter an order to that effect upon its minutes, declaring said district formed, 
and said board shall thereupon be authorized and empowered to issue the 
bonds of said district for the amount provided for in such proceedings, 
payable out of the funds of such district to be provided as in this act 
prescribed. 

Sec. 7. Form of bonds, coupons, etc. The board of supervisors, by an order 
entered upon its minutes, shall, subject to the provisions of this act, 
prescribe the form of said bonds and of the interest coupons attached 
thereto. Said bonds shall be payable in the following manner: a part to 
be determined by said board, and which shall not be less than one-fortieth 
part of the whole amount of such indebtedness, shall be payable each and 
every year on a day and date, and at a place, to be fixed by said board, and 
designated in such bonds, together with the interest on all sums unpaid on 
such date, until the whole of said indebtedness shall have been paid; 
provided, however, that the board of supervisors may, in its discretion, 
determine and fix a date for the earliest maturity of the principal of such 
bonds not more than ten years from the date of the issue of such bonds, but, 
in this event, the whole amount of such indebtedness must be made payable 
in equal annual parts in not to exceed forty years from the time of con¬ 
tracting the same. The bonds shall be issued in such denominations as 
the board of supervisors may determine,except that no bonds shall be of a less 
denomination than one hundred dollars, nor of a greater denomination than 
one thousand dollars, and shall be payable on the day and at the place 
fixed in such bonds and with, interest at the rate specified in such bonds, 
which rate shall not be in excess of eight per cent per annum and shall be 
payable semi-annually, and said bonds shall be signed by the chairman of 
the board of supervisors and countersigned by the auditor of said county, 
and the seal of said county shall be affixed thereto. The interest coupons of 
said bonds shall be numbered consecutively and signed by the auditor of 
said county by his engraved or lithographed signature. In case any such 
officers whose signatures or counter-signatures appear on the bonds or 
coupons shall cease to be such officer before the delivery of such bonds to 
the purchasers, such signature or counter-signature shall, nevertheless, be 
valid and sufficient for all purposes, the same as if such officer had remained 
in office until the delivery of the bonds. 


IRRIGATION DISTRICTS—COUNTY. 


453 


Sec. 8. Sale and disposition of proceeds. The board of supervisors may 
issue aud sell the bonds of such district, authorized as hereinabove provided, 
at not less than par value, and the proceeds of the sale of such bonds shall 
be placed in the county treasury to the credit of the proper county irriga¬ 
tion district fund and shall be applied exclusively to the purposes and 
objects mentioned in the ordinance or resolution ordering the holding of the 
bond election, as aforesaid. 

Sec. 9. Tax to pay interest and principal. The board of supervisors 
shall levy a tax, each year, upon the taxable property in such county irriga¬ 
tion district, sufficient to pay the interest on said bonds for that year, and 
such portion of the principal thereof as is to become due before the time 
for making the next general tax levy; provided, however, that if the 
maturity of the indebtedness created by the issue of such bonds be made 
to begin more than one year after the date of such issue, such tax shall be 
levied and collected at the time and in the manner aforesaid each year, suffi¬ 
cient to pay the interest on such indebtedness as it falls due, and also to con¬ 
stitute a sinking fund for the payment of the principal thereof on or before 
maturity. Such tax shall be levied and collected at the time and in the 
same manner as the general tax levy for county purposes, and when collected 
shall be paid into the county treasury and be used for the payment of the 
principal and interest on said bonds, and for no other purpose. The principal 
and interest on said bonds shall be paid by the county treasurer in the 
manner provided by law for the payment . of principal and interest on 
bonds of such county. 

Sec. 10. Tax for maintenance of district. The board of supervisors of 
any county wherein a county irrigation district has been formed under 
the provisions of this act, shall have the power, in any year after the 
establishment of such district, to levy a tax upon the taxable property 
in such district, sufficient to pay the cost and expenses of maintaining, 
operating, extending and repairing the waterworks of said district for 
the ensuing fiscal year, and said tax shall be levied and collected at the time 
and in the same manner as the general tax levy for county purposes, and 
the revenue derived from said tax shall be paid into the county treasury 
to the credit of the proper fund of said district, and said board shall have 
the power to control and order the expenditure thereof for said purpose. 

Sec. 11. Contracts to lowest bidder. All contracts for furnishing the 
labor, materials or supplies required for any improvement mentioned in this 
act, shall be let to the lowest responsible bidder. The board of supervisors 
of the county shall advertise for two or more days in a newspaper of 
general circulation, printed and published in such county, inviting sealed 
proposals for furnishing the labor, materials and supplies for the proposed 
improvement before any contract shall be made therefor. The board shall 
have the right to require such bonds as it may deem best from the success¬ 
ful bidder, to insure the faithful performance of the contract, and shall 
also have the right to reject any and all bids; provided, however, that 
nothing herein contained shall be construed as prohibiting such county 
itself, and, when ordered by the board of supervisors thereof, it shall have 
power to make the proposed improvement without a contractor therefor, 
and to purchase the materials and supplies, and employ the labor necessary 
for such purpose; and provided, further, that any improvement for which 
bonds are voted under the provisions of this act, shall be made in conformity 
with the plans and specifications thereof provided for in section 2 hereof. 
Any improvement provided for in this act may be located, constructed, 
and maintained in, along or across any public road or highway in the county, 
in such manner as"to afford security for life and property; but the board 
of supervisors of the county shall restore, or cause to be restored, such road 
or highway to its former state, as near as may be, or in a sufficient manner 
not to have impaired unnecessarily its usefulness. 

Sec. 12. Rules of administration for district. The board of supervisors 
of any county wherein any such county irrigation district is situated, shall 
have power to make and enforce all rules and regulations necessary for the 
administration and government of such district, and for the use and opera- 


Not less 
than par. 


Board of 
supervisors to 
levy. 


Time and 
manner of 
levying tax. 


Maintainance 
and operation 
tax. 


Contracts for 
labor, 

material, etc. 


Power to 
make 

improvements. 


Improvements 
along public 
roads. 


Board of • 
supervisors to 
make rules. 


454 


CALIFORNIA ELECTION LAWS. 


Engineers. 


In case of 
annexation 
to city. 


Board of 
supervisors 
may dissolve 
district upon 
receipt of 
petition 
signed by 
fifty residents. 
Time of hear¬ 
ing petition. 
Notice to be 
published. 


Outstanding 
bonds, and 
other in- 
*■ debtedness. 

Other acts 
not affected. 


tion of the waterworks thereof; to appoint or employ all needful agents, 
superintendents and engineers to properly look after' the performance of 
any work provided for in this act; and to perform all other acts necessary or 
proper to accomplish the purposes of this act. 

Sec. 13. Title in county. The title to all property which may have been 
acquired for a county irrigation district, created under the provisions of 
this act, shall be vested in the county wherein such county irrigation 
district is located; provided, that whenever all of the territory in such 
county irrigation district shall be annexed to, or otherwise included within 
any municipal corporation owning works for supplying the inhabitants 
thereof with water, then such county irrigation district shall be deemed 
dissolved and such property shall thereupon become the property of such 
municipal corporation and shall become a part of, and be used in connec¬ 
tion with, such waterworks; and such municipal corporation and the proper 
officers thereof shall,, as to such property, and as to the levy and collection of 
taxes to meet the payments of principal and interest on outstanding bonds 
of such district, have and exercise the powers and perform the duties vested 
in and imposed upon the said county, and the board of supervisors and 
other officers thereof, prior to such annexation or inclusion. All money in 
the county treasury to the credit of any fund of such county irrigation 
district shall, upon the annexation or inclusion of such territory, as above 
provided, be forthwith transferred to the treasury of said municipal cor¬ 
poration and be used for the. purposes for which the same was available 
prior to such transfer and none other. 

Sec. 14. Method of dissolution. Any such county irrigation district 
may, except as otherwise provided in this act, be dissolved by the board 
of supervisors as hereinafter provided. Upon receiving a petition signed by 
fifty or more freeholders and residents of such county irrigation district, 
requesting the dissolution of such district, the board of supervisors shall 
fix a time for hearing such petition, which shall be not less than ten nor 
more than thirty days after the receipt of such petition, and shall, at least 
five days prior to the time so fixed, publish notice of such hearing, by one 
insertion in a daily, weekly or semi-weekly newspaper printed, published 
and circulated in said county. At the time appointed for such hearing, or 
at any time to which the same may be adjourned, the board of supervisors 
shall hear and pass upon such petition and may grant or deny the same, 
and its decision thereon shall be final and conclusive. If such petition be 
granted the board of supervisors shall, by ordinance or resolution, order 
the dissolution of said district, and such district shall thereby be dissolved; 
provided, that if at the time of the dissolution of said district there be 
any outstanding bonded or other indebtedness of such district, then taxes 
for the payment of such bonded or other indebtedness shall be levied and 
collected the same as if such district had not been dissolved. 

Sec. 15. Alternative method provided. This act shall not affect any 
other act or acts relating to the same or a similar subject, but is intended 
to provide an alternative method of procedure governing the subject to 
which it relates. When proceeding under the provisions of this act its 
provisions and none other shall apply. 

Sec. 16. Provisions of act. The provisions of this act shall be liberally 
construed to effect the purposes thereof. 


CALIFORNIA ELECTION LAWS. 


455 


OTHER SPECIAL ELECTION DISTRICTS. 

NOTE.—The following acts relating to the formation and government of 
other special election districts have been omitted as the portions there¬ 
of concerning elections are conducted in a similar manner as the fore¬ 
going districts, and, moreover, space will not permit the inclusion of 
same in this volume and keep it within the bounds of a “Quick” 
reference book to General Election Laws. For the convenience of 
those interested reference is herewith made to where these acts may be 
found in the statutes. 

Assessment Districts for Public Park and Playground Purposes. 

(Statutes 1909, page 1066; amended, Statutes 1911, Extra Session, 
page 17.) 

County Water Districts. 

(Statutes 1913, page 1049.) 

Drainage Districts. 

(General Laws (Deering), Act 987.) 

Levy Districts. 

Formation and Government 

(General Laws (Deering), Act 1913; amended, Statutes 1911, 
page 1212). 

Bond Election in. 

(Statutes 1911, page 303). 

Monuments for Pioneers. 

(Statutes 1913, page 377). 

Municipal Water Districts. 

(General Laws (Deering), Act 2390; Statutes 1911, page 1290; 
amended, 1911, Extra Session, page 92). 

Overflow' Districts. 

(Statutes 1911, page 1397). 

Protection Districts. 

(General Laws (Deering), Act 2805). 

Reclamation Districts. 

(General Law r s (Deering), Act 2975). 

Sanitary Districts. 

(General Laws (Deering), Act 3349; amended, Statutes 1911, 
pages 501, 706; 1913, page 344). 

Sewer Districts. 

(General Laws (Deering), Act 3597; Statutes 1911, pages 40, 904). 
Storm Water Districts. 

(General Laws (Deering), Act 2806; amended, Statutes 1913, 
page 504). 

Water Districts. 

(General Law's (Deering), Act 4349a; Statutes 1913, page 815). 



















- 


. 


_ 








. 
























1 

■ ' ' 




























457 


GENERAL INDEX 


(Note: See Supplemental Indexes Listed on Inside Front Cover). 


Abetting on elections, sec. 47, page 236, 
™ sec. 60, page 242. 

Absence, (See also residence) when not 
to affect vote of residence, secs. 3-4 
page 37, sec. 12, page 64, subd. 5, sec. 
1097, page 121. 

Election officers absent from polls, sec. 

1142, page 133; sec. 20, page 278. 
From employment to vote, sec. 1212, 
page 156. 


When to affect vote, secs. 1232-1233, 
page 158. 

Abstract of Votes, (See also Supplemen¬ 
tal Index, page 166.) 

Annexation of Territory, sec. 7, page 
329; sec. 4, page 346. 

Defects in, sec. 1297, page 170. 

District Returns, how made, secs. 1292- 
1297, page 169-170. 

Duty of County Clerk, page 166. 

Electors of President and Vice-Presi¬ 
dent, how made, duty of county 
clerk, secs. 1308-1313, page 170-17L 

Governor and Lieutenant-Governor, how 
made, secs. 1292-1297, page 169-170. 

Public Utility Districts, sec. 9, page 367. 

State Returns, duty of county clerk, sec. 
1288, page 169. 

U. S. Congressmen, secs. 1334-5, page 
173. 

U. S. Senator, sec. 1334-5, page 173. 

What to Show, sec. 1282_, page 167. 

Acting as Election Officers when not 

Eligible, sec. 1142, page 133. 


Acts, 

(See Stats, at Large, page 254, Appendix, 
page 392, Supplemental Index to Constitu¬ 
tion, page 34). 

Election for, 

(See Legislative Department, page 37). 
Accounts, Auditing and Payment of Presi- 
dental Electors, sec. 1332, page 172. 
Adding to or Subtracting from Votes Cast, 
sec. 51, page 237. 

Affidavit, 

(See Candidate, Verification, Registration). 
Declaring Political Affiliation, form of, 
sec. 1366a, page 175. 

Affidavits of Registration, 

(See Supplemental Index, page 110). 
Africans, Provisions Applicable to, sec. 
2169, page 23. 


Aliens, 

(See Naturalization). 

Seamen of Merchant Vessels, see. 2174, 
page 23. 

Amending and Revising Constitution, how 
made, page 63. 

Amendments, of Charters of . Cities, how 
made, page 63. 

Of Counties, how made, page 50. 
Pamphlets, Containing, sec. 1195a, page 
139. 

Amount that May be Expended by Can¬ 
didate, sec. 3, page 291. 

Anarachists, 

(See Naturalization). 

Annexation Act, 

(See Supplemental Index, page 338). 
Annual Debt, Income, Counties, Cities and 
Towns, page 58. 

Annual Elections, /School Trustees, sec. 
1593, page 180. 

Anonymous Circulars, sec. 62a, page 243. 
Annulment of Elections, sec. 1112, page 
249. 

Appeal, Rights to Office Pending, sec. 
1126, page 253-4. 

Appeals in Probate Proceedings, sec. 57, 
page 246. 

Appellate Districts, Division of, page 44. 
Appointment of Deputies, County Gov¬ 
ernment, sec. 4024, page 228. 
Appointments, of Election Board. 

(See Supplemental Index, page 130). 

Of Board of Election Commissioners, sec. 

1075, page 110. 

Arrangement of Names, 

(See Ballots, Candidates). 

Assembly Districts, page 41, 46. 

Boundaries, How Changed, sec. 6, page 41 
How Established, sec. 6, page 41. 

Map of, page 86. 

Assessment Districts, Election for, page 
455. 

Assistance to Disabled Voters, sec. 1208, 
page 153. 

Assisted Voter’s Affidavit, sec 1208, page 
153. 

Attempting to Vote When Not Qualified, 
sec. 46, page 236. 

August Primary Election, page 255. 





458 


GENERAL INDEX. 


allot Boxes. 

But one at each polling place, sec. 1359, 
page 174. 

Election Officers not to remove from 
presence of bystanders, sec. 1162, page 
135. 

Not to open until after polls are closed, 
sec. 1162, page 135. 

To open, exhibit before receiving bal¬ 
lots, sec. 1162, page 135. 

Labeling on outside, what to show, sec. 
1203, page 150. 

To be provided, sec. 1203, page 150. 
Ballot Law, 

(See sec. 1197, Supplemental Index, page 
136). 

Balloting Machines, 

(See Supplemental Index, page 302). 

Ballot Paper, 

(See sec. 1196, 1213, Supplemental Index, 

page 136>. 

Ballots, (see also canvass of vote, canvass 
of returns). 

Direct primary law. 

(See Supplemental Index, page 254). 

For special acts, 

(See Supplemental Index list on inside of 
front cover). 

General and special elections, 

(See Supplemental Index, page 136). 
Presidential primary elections, 

(See Supplemental Index, page 294). 
Primary elections, 

(See Supplemental Index, sec. 1359, page 
170). 

Contest of elections, court may order 
inspection of, when, sec. 1265, page 
165. 

Election Officer, delivery by to proper 
authorities, 

(See Supplemental Index, page 160). 
General ticket, counted before muni¬ 
cipal, sec. 1257, page 162. 

How to cancel and return spoiled or 
unused, sec. 1207, page 153. 

How to record, sec. 1258, page 162. 
Marks on, how to determine voters’ 
choice, sec. 1211, page 155. 
Municipal ticket, when to be counted, 
sec. 1257, page 162. 

Not to allow unfolding of, sec. 49, 
page 237. 

Not to unfold, penalty, sec. 49, page 
237. 

To account for number delivered, sec. 
1207, page 153. 

To preserve and return void and 
spoiled ballots, sec. 1211, page 155. 
Void or spoiled ballots, how to de¬ 
termine, sec. 1211, page 155. 

When not to receive ballots after 
polls are closed, sec. 1164, page 135. 
Elections that shall be by, sec. 5, page 37. 
Endorsement on back of, page 149, 276. 
Error or omission on, how corrected, 
sec. 1200, page 149. 


Ballots —(Continued). 

Form of, general elections, page 148. 
Presidential primary election, page 298 
Primary elections, page 276. 

Special elections, 

(See Supplemental Index list on inside of 
front cover). 

How delivered to polling place, sec. 1201, 
page 149. 

How folded by voter, sec. 1205, page 152. 

How long to be preserved by clerk, sec. 
1265, page 164. 

How prepared by voter, sec. 1205, page 
152. 

Marking too many names on, see. 1211, 
page 155. 

Number of, and endorsement to appear 
on outside, sec. 1205, page 152. 

Numbered slip to be detached and de¬ 
stroyed, sed. 1205, page 152. 

Penalty for changing or tampering with, 

(See sec. 48-49, Supplemental Index, page 
234). 

Receipt for, by inspector of election, 
what to show, sec. 1201, page 150. 

Secrecy in voting preserved, sec. 5, page 
37. 

Unused ballot, clerk, when to destroy, 
sec. 1199, page 149. 

Unused, election officer to return to 
whom, sec. 1207, page 153. 

Tally of at polls, how kept, sec. 1258, 
page 162. 

That are not to be counted, sec. 1211, 
page 155. 

Voter, how to fold, sec. 1205, page 152. 

How to prepare, sec. 1205, page 152. 

How to stamp, sec. 1205, page 152. 

Not to place identifying marks on, sec. 
1211, subd. 4, page 155. 

From whom to receive ballot, sec. 1215, 
page 156. * 

Watermark design, when changed, se’c. 
1196, page 141. 

Who to furnish to polling place, sec. 
1079, page 113, sec. 1196, page 140, 
sec. 12, page 270, sec. 13, page 276, 
sec. 9, page 300. 

Betting on Elections, 

(Seo abetting). 

Boards of election officers, (see election 
officers, also Supplemental Index, page 
130, 154, canvassing and returning the 
vote, page 160, voting and challenges, 
page 156, list of special acts on inside 
of front cover). 

For special elections, how appointed and 
duties of, sec. 1151, page 134. 

Oath of office, sec. 3, page 63. 

To make and subscribe oath before 
opening polls, sec. 1148, page 134. 

Receive from county clerk indexes to 
registration, sec. 1116, page 127, sec. 
15, page 277. 




459 


GENERAL 

Betting on elections—Continued. 

Boards of Election Officers —Continued. 

Receive from county clerk or registrar 

original affidavit of registration, sec. 
1116, page 127, sec. 15, page 277. 

When appointed member fails to attend, 
procedure on, sec. 1144, page 134. 

Bond. 

Of official officer, amount of, when and 

by whom prescribed, sec. 4022, page 227. 

Bonds, election for, 

(See Supplemental Index list on inside of 
front cover). 

Sureties on, by whom approved, sec. 
4022. page 227. 

To be filed with county clerk, sec. 4022, 
page 227. 

To be recorded by county recorder, sec. 
4022, page 227. 

What officers to furnish, sec. 4022, page 
227. 

When to be executed, sec. 4022, page 227. 

Booths. 

Conveniences for stamping ballots to be 
provided in, sec. 1203, page 150. 

How arranged, sec. 1203, page 150. 

How many provided, sec. 1203, page 150. 

Number of required, sec. 1203, page 150. 

Boulevard districts, 

(See Supplemental Index, page 408). 

Boundaries. 

(See districts, precincts). 

Senatorial or assembly, cannot be 
changed by officers, sec. 229, page 105. 

Bribery. 

(See also Supplemental Index, page 234). 

As applied to the Direct Primary Law, 
sec. 32, page 289. 

At elections, sec. 54, page 238, sec. 54a 
page 238, sec. 54b page 239. 

Candidate bribe to member of conven¬ 
tion, sec. 57, page 241. 

Caucus, bribery of members, sec. 57, 
page 241. 

Campaign, 

(See Supplemental Index, on inside of front 
cover). 

Cancellation of registration, when must 
be made, 

(See sec. 1105, 1106, 1106a, 1107, Supple¬ 
mental Index, page 110). 

andidates, 

(See Supplemental Index on inside of front 
cover, also nominations; campaigns, Direct 
Primary Law; Presidential Primary). 

Crimes relating to, see secs. 54, 55, 55a, 
56, 57, 62a, 62b, 63, 63Penal Code 
Supplemental Index, page 234. 

Disclosing name on ballot forbidden, sec. 
1215, page 156. 

Eligibility to county, district, or town¬ 
ship office, see sec. 4023, Supplemental 
Index( page 220. 

Error or omission in name of, sec 1200, 
page 149. 

May purchase copies of indexes, to reg¬ 
istration, sec. 1115, page 127. 


INDEX. 

Candidates— Continued. 

Nominations, in lieu of primary, sec. 
1188, page 137. 

Canvass of returns, 

(See Supplemental Index, page 166, also index 
to canvass of votes, page 160). 

Ballots folded together, disposal of, sec. 
1254, page 161. 

Interference with, a felony, sec. 45, page 
228. 

Clerk to keep ballots unopened for 
twleve months, sec. 1265, page 164. 

Defects in, when to be disregarded./sec. 
1297, page 170. 

Duty of election officers, 

Absence of members from polling 
place, sec. 1142, page 133. 

Ballots, defective, must be returned, 
sec. 1211, page 155. 

Distinguishing marks on by voter, 
what are and what are not, sec. 
1211, page 165. 

Effect of when voter stamps yin 
square, and writes name in blank 
space, sec. 1211, page 155. 
Identifying marks, what are not, 
sec. 1211, page 155. 

Marks on, what do not invalidate, 
sec. 1211, page 155. 

Names printed twice on, marking of 
both names by voter, effect of, 
sec. 1211, page 155. 

Procedure where, number in box ex¬ 
ceed names on lists, sec. 1255, 
page 162. 

Rejected endorsement on, and dis¬ 
posal of, sec. 1257, page 162. 
Stamping two or more impressions 
in one voting square not to effeet, 
sec. 1211, page 155. 

That are not to be counted, sec. 1211, 
page 155. 

Two or more found folded together, 
procedure on, sec. 1254, page 161. 
Voted and verified, to be strung by 
one of the judges, sec. 1259, page 
163. 

When packages containing may be 
destroyed, sec. 1266, page 165. 
Before adjournment, sec. 1261, page 
163. 

Before opening polls, members to take 
oath, sec. 1148, page 134. 

Before opening polls, to post four 
printed copies of precinct registers, 
sec, 1149, page 134. 

Defective ballots defined, sec. 1211, 
page 155. 

General ticket to be canvassed before 
municipal ticket, sec. 1257, page 162. 
How to begin to canvass the vote, sec. 
1253, page 161. 

How to count the ballots, sec. 1257, 
page 162. 



460 


GENERAL INDEX. 


Canvass of Returns— Continued. 

Duty of Election Officers—Continued. 
Ballots—Continued. 

Name printed twice on ballot, marking 
both names, effect of, sec, 1211, page 
155. 

To canvass votes, sec. 1142, page 132. 
Deliver packages containing returns, 
etc., to county clerk or registrar, 
sec. 1264-1264a, page 164. 

Post co »y of result of votes cast at 
outside of polling place, sec. 1261, 
page 163. 

Return registration affidavits to 
county clerk, sec. 1268, page 166. 
Tally lists, how kept, sec. 1258, page 
162. 

Voted ballots to be sealed in strong 
envelope, sec. 1259, page 163. 
Votes must be canvassed in public 
without adjournment until com¬ 
plete, sec. 1252, page 161. 

What to seal up and send to county 
clerk or registrar, sec. 1261, page 
163. 

Duty of clerk or registrar. 

Abstract of votes, general and special 
elections, sec. 1288-1289, page 166. 
Contested elections, procedure on, sec. 
1265, page 165. 

District returns, how made and how 
transmitted, sec. 1285-1286, page 168. 
On receipt of district returns, state¬ 
ment of vote, sec. 1287, page 168. 

On receipt of returns for governor 
and lieutenant-governor, sec. 1292- 
1297, page 169-170. 

Roster of voters to be kept one year as 
public record, sec. 1264a, page 164. 

To deliver packages containing returns 
to supervisors, sec. 1267, page 166. 

To keep roster of voters open to in¬ 
spectors, sec. 1264a, page 164. 

To record statement of result, sec. 
1282, page 167: 

Upon receiving packages containing 
returns, ballots, etc, sec. 1265, page 
165. 

How conducted, see page 166. 
Interfering with, a felony, sec. 45, 
page 235. 

Manner of when voting machine is 
is used, sec. 11, page 312. 

Primary election returns, see Supple¬ 
mental Index, page 254. 

Tally of votes, how made, sec. 1258, 
page 162. 

Carriers of election returns, duty of in 
transit, sec. 1264, page- 164. 

'Certified abstracts, 

: (See abstract of votes). 

Certificates, (see also naturalization; citi¬ 
zenship; Direct Primary; nominations; 
registration). 


Certificates —Continued. 

Of election, 

(See Supplemental Index, page 166). 

County, township or district office, sec. 
4026, page 228. 

Duty of clerk or registrar, sec. 1284, 
page 168, and sec. 1297, page 170. 
Representatives to Congress, sec. 1347, 
page 174. 

Supervisors to sign, sec. 1142, page 
133. 

United States Senators, sec. 1337, 
page 173. 

Returns from election, want of form, 
when not to effect, sec. 1175, page 
136. ’ F * 

Challenge of voters, (see Supplemental In¬ 
dex, page 156). .. 

For want of identity, procedure on, sec. 

1231, 1236, page 158-9. 

On grounds of crime, failure to read, 
etc., sec. 1235, page 159. 

Non-residence, sec. 1232-1233, page 158. 
That person has voted, sec. 1234, 1236. 
page 159. 

Person refusing to take oath, or answer 
questions, sec. 1238, page 160. 

When voter is not person whose name 
appears on great register, sec. 1231, 
page 158. 

Residence, rules for determining, sec. 
1239, page 160. 

Te ™ of, how computed, sec. 1240, page 

Charters, of cities, page III, 53, 63. 

Of counties, page III, 49, sec. 1195a, 
page 139. 

Children, (see also naturalization index, 
page 8). 

Born abroad, how become citizen, sec 
1993, page 5. 

Of American citizen, sec. 1993, 
page 5. 

When must record intention, sec. 
6, page 25. 

Of naturalized aliens, see. 2172 
page 23. 

China, native of, cannot vote, sec. 1084 
page 115. 

(See Naturalization Index, page 8). 
Citizens, (See also Supplemental Index to 
laws of U. S., page 3; Supplemental In¬ 
dex to constitution of state, page 34, 
Naturalization). 

Aliens enlisted in U. S. Army may be¬ 
come sec. 2166 page 22. 

Seamen, discharged from Navy or 
Marine Corps, how admitted, page 

Seamen, of merchant vessels, how 
admitted, sec. 2174, page 23. 
Citizenship by naturalization, sec. 4, page 
12 . 

Defined, sec. 51, page 72. 


/ 




GENERAL 


INDEX. 


461 


Citizenship. —Continued. 

Of children of naturalized parents, sec. 
2172, page 23. 

Of women by marriage, sec. 1994, page 

22 . 

When lost after residing abroad,, sec. 2, 
page 24. 

City and county government, 

(See Supplemental Index list on inside of 
front cover). 

Civil procedure, relating to elections, 

(See Supplemental Index, page 244). 

Clerks of election, appointment and quali¬ 
fications, sec. 1142, page 132. 

Closing and opening of the polls, 

(See Supplemental Index, page 130). 

Commission form of government, election 
on adoption of, sec. 752a, page 332, sec. 
852a-852b, page «J37. 

Compensation of election officers, sec. 1072, 
page 109, sec. 1359, page 174. 

Unlawful to assign until after returns 
are sealed, sec. 1072a, page 110. 

For messengers delivering ballots and 
abstracts, secs. 1201, and 1312, pages 
149, 171. 

Concurrent resolutions, page III. 

Congressional districts, page 103. 

Elections, when held, 

(See Supplemental Index, page 170). 

Consolidation of elections, 

(See Supplemental Index, page 302). 

Of officers, see. 4017, 4020, page 223. 

Constables, number of, how determined, 
election of, sec. 4014, page 222. 

Constitution, amendments to, how printed 
on ballot, sec. 1197, page 141. 
Amendments, how submitted to people, 
sec. 1195, page 138. 

Order of on ballot, sec. 1197, subd. 3, 
page 143. 

Of stale, 

(See Supplemental Index, page 34). 

Of United States, page 3. 

Contest of election and contest of nomina¬ 
tions, 

(See Supplemental Index, page 244, and In¬ 
dex to Direct Primary Law, page 254). 

Conventions, 

(See Supplemental Index to Direct Primary 
Law, page 254, also Supplemental Index, 
page 294). 

Counties, government of, 

(See Supplemental Index, page 220; also 
Charters). 

County clerks, 

(See Supplemental Index to Direct Primary 
Law, page 254, also elections; election of¬ 
ficers ). 

Pounty officers, 

(See Supplemental Index, page 220, also Sup¬ 
plemental \Index to Direct Primary Law, 
page 254). 

Bonds of, sec. 4022, page 227. 
Certificates of election, sec. 4026, page 
228. 

Consolidation of, sec 4017-4020, page 223. 


County officers —Continued. 

Deputies, appointment of, sec. 4024, 
page 223. 

Election of, and term of office, sec. 4021, 
page 224. 

Eligibility to office, sec. 4023, page 227. 

Legislative department, sec. 4027-4058, 
page 228-233. 

Recall of, sec. 4021a, page 224. 

Count’' water districts, page 255. 

Courts, (see contest; Direct Primary Law.. 

Records of to be examined by county 
clerk in the first week of September 
of each year, sec. 1106, subd. 10, pag n , 
125. 

To hold special session to hear con¬ 
test of election, sec. 1118, page 251. 

Criminals, when clerk or registrar must 
cancel from registration, sec. 1106a, page 
126. 

eclaration of result, 

(See Supplemental Index, page 166). 

Definitions, 

(See Index to Individual Acts on inside of 
front cover). 

Delegates, 

(See Supplemental Index, pages 254, 294; 

also party conventions). 

Direct Primary Law, 

(See Supplemental Index, page 254, also 
Primary Elections; Presidential Primary). 

Directors, (see acts). 

District elections, 

(See Supplemental Index to, on inside of 
front cover). 

Officers, eligibility to hold, sec. 4022- 
4024, page 227-228. 

Returns, 

(See canvass of votes, canvass of returns). 

Districts, 

(See Supplemental Index to, on inside of 
front cover; also index to Constitution of 
State, page 34). 

Assembly, page 86. 

Congressional, page 103. 

Senatorial, page 74. 

Duty, 

(See candidate, canvass of votes, challenge 
of voters, county clerk, election officer, 
officers). 

that require, 

(See Supplemental Index to, on inside of 
front cover). 

Assemblymen, when held, sec. 3, page 
40, and sec. 3, page 257. 

August primary, when held, sec. 3, page 
257. 

Bets prohibited, sec. 60, page 242. 
Boards, 

(See Supplemental Index, page 130). 
Campaigns, 

(See Supplemental Index on inside of front 
cover). 

Certificates, 

(See Supplemental Index, page 166, 254). 
Challenges, 

(See challenge of voter). 




462 


GENERAL INDEX. 


Election —Continued. 

Commissioners, 

(See Direct Primary Law, also Supple¬ 
mental Index, page 110). 

Powers of, sec. 1216, page 157. 
Contests, 

(See Supplemental Index, page 244, 254). 
Crimes against, 

(See Supplemental Index, page 234). 
Delegates to elect president and vice- 
president, when held, and how con¬ 
ducted, 

(See Supplemental Index, page 294). 
Fraudulent acts, relating to, 

(See Supplemental Index, page 234 sec. 
1^13, pago 156). 

General, when held, sec. 1041, page 107. 
How conducted, in case board fails to 
designate polling place, see. 1132, 
page 131. 

Laws, as to printing ballots, penalty, 
sec. 62, page 243. 

Violation of, penalty, sec. 41, page 
235. 

Violations of by persons not officers, 
sec. 61, page 142. 

Officers, 

(See Supplemental Index, page 34, 130, 254, 
160, 166). 

Compensation of, sec. 1072, page 109. 
Unlawful to sign compensation until 
after retijrns have been sealed, sec. 
1072a, page 110. 

Precincts, 

(See Supplemental Index, page 130, also 
sec. 4041, Supplemental Index, page 220). 
Boards, having charge of, may alter, 
sec. 1129, page 131. 

Boundaries of must be defined, sec. 
1128, page 130. 

How established, sec. 1127, page 130. 
President and vice-president of U. S., 
(See Supplemental Index, page 294). 
Presidential primary, when held, sec. 1, 
page 295. 

Primary, when held, sec. 3, page 257. 
Proclamations, 

(See secs. 1053-1056, Supplemental Index, 
pago 71). 

Recall of elective officers, sec. 1083a, 
page 114, sec. 4021a, page 224, Sup¬ 
plemental Index, page 34, page 338. 
Representatives to Congress, when held, 
and how conducted, 

(See Supplemental Index, page 170). 
Returns, 

(See canvass of votes). 

Registration, 

(See Supplemental Index, page 110). 
Special, when held, sec. 1043-1044, page 
107. 

State Senators, when held, sec. 227, 
page 105. 

United States Senators, when held, how 
conducted, 

(See Supplemental Index, page 170). 
Voting machines, 

(See Supplemental Index, page 302). 


Election —Continued. 

Where may be held, sec. 1131, page 131. 

Elector, 

(See also voter; qualifications; privileges; 

citizen; naturalization). 

Acts granting privilege to, 

(See Supplemental Index on inside of front 
cover). 

Arrest of, when privileged from, during 
election, sec. 1069, page 109. 
Challenged, 

(See Supplemental Index, page 156). 
Intimidating, bribing or deceiving, sec. 
53, page 238. 

Not required to perform military duty 
on election day, exceptions, sec. 1070, 
page 109. 

President and vice-president, 

(See Supplemental Index, page 170). 
Qualifications necessary to vote, 

(See Supplemental Index, page 110). 
Residence of, rules for determining, sec. 

1239, page 160, how computed, sec. 

1240, page 161. 

Electioneer, officers of election not to, sec. 
1215, page 157. 

Embezzlers not eligible to office, sec. 21, 
page 41. 

Employer, not to influence vote of em¬ 
ployee, sec. 59, page 242. 

Endorsement, (see ballots). 

Errors or omission in printing, how cor¬ 
rected, sec. 1200, page 149. 

Express agent, duty of, sec. 1264, page 164. 
ailure to submit measure at election, pro¬ 
cedure on, sec 1, page 39. 

Fees, 

(See Supplemental Index, page 254). 
Foreigners, 

(See Naturalization). 

Forms, 

(See affidavit; certificate; oath; registration; 
nomination). 

Forging or altering returns, sec. 50, page 
237. 

Fraudulent acts, 

(See Supplemental Index, page 234). 
Freeholders, 

(See charters). 

eneral Elections, time of holding, sec. 

1041, page 107, 

(See also elections). 

Governor, 

Election for, powers and duties of, 

(See Supplemental Index, page 34). 

Great register, 

(See Supplemental Index, page 110; also reg¬ 
istration). 

II ighways, 

“ (See Supplemental Index, page 408). 
Holidays, sec. 10, page 71, sec. 3, page- 257, 
sec. 1, page 295. 

ndebtedness, annual, not to exceed, sec. 
18, page 58. 

Independent nominations, 

(See Supplemental Index, page 254). 

Index, 

(See also registration; nominations; affidavits). 



GENERAL INDEX. 


463 


Index —Continued. 

General, of books of affidavits, sec. 1115, 
page 127. 

To nomination papers, 

(See county clerk or registrar, Supplemental 
Index, page 254). 

Registers, sec. 1115 page 127. 
Registration affidavits to be delivered 
at polls, sec. 1116, page 127. 
Registration, county clerk to furnish 
copies to candidates, sec. 1115, page 
127. 

Registration, how used at primary 
elections, sec. 15, page 277. 
Initiative and referendum, act to provide 
for, 

(See Stipplemental Index, page 338). 

Power of counties, 

(See Supplemental Index, page 220). 
Inspectors of election, 

(See election officers, boards of election). 
Instruction cards, to be mailed to voters, 
by whom, sec. 1210, page 154. 

Posting of at polls* sec. 1210, 1214, page 
154, 156. 

Instructions to voters, 

(See voters; also Direct Primary Law), 
udges of election 

(See Supplemental Index, page 130; also elec¬ 
tion officers). 

andlord must furnish list of lodgers, pen¬ 
alty for failure, sec 1094, page 117. 

Legislature, 

(See also Supplemental Index, page 34). 
Proceedings by on tie vote for governor 
and lieutenant-governor, sec. 1068, 
page 109. 

Members of, not to accept money from 
candidate for U. S. senator, sec. 63%, 
page 244. 

Levee districts, page 455. 

Library districts, 

(See Supplemental Index, page 392). 
Lighting districts, 

(See Supplemental Index, page 408). 

Local option, 

(See Supplemental Index, page 364). 

Maps, 

ni Assembly district, page 86. 
Congressional districts, page 103. 
Senatorial district, page 74. 
Misdemeanors, 

(See Supplemental Index, page 234). 
Monuments, election for, page 455. 
Municipal Annexation Act of 1913, 

(See Supplemental Index, page 338). 
Municipal corporations, classifications of, 
(See Supplemental Index, page 302). 

Fifth class cities, relating to officers and 
election, 

(See. Supplemental Index, page 302). 
Organization and government of, 

(See Supplemental Index, page 302). 

Sixth class cities, relating to, officers and 
election, 

(See Supplemental Index, page 302). 


Municipal elections, 

(See also Supplemental Index list on inside of 
front cover). 

How conducted, sec. 1044, page 107. 
Municipal water districts, page 455. 

N aturalization, 

(See Supplemental Index, page 8; also 
citizens). 

Newspaper publications in, 

(See Supplemental Index list on inside of 
front cover). 

That notices of primary election are pub¬ 
lished in, sec. 11, page 270. 

Nomination, 

(See county clerk; candidates; also Supple¬ 
mental Index on inside of front cover). 

Of candidates, otherwise than at pri¬ 
mary election, sec. 1188, 1191, 1192, 
page 137-8. 

Non-Partisan, 

See Supplemental Index, page 254). 
Non-residence, 

(See residence). 

Notice, 

(See election; also particular titles). 

O aths, 

(See also index to naturalization, page 8). 

Of office, sec. 3, page 63. 

Election commissioners’ power to ad¬ 
minister, false oath, penalty, sec. 
1147, page 112. 

Election officers, must take, before 
opening polls, sec. 1148, page 134. 
Who may administer during election, 
sec. 1145-1146, page 134. 

Rules to be read to voter before adr 
ministering if requested, sec. 1241, 
page 161. 

Voter refusing to take not allowed to 
vote, sec. 1238, page 160. 

Offense, 

(See crime; felony, misdemeanor). 

Office, 

(See Suplemental Index, page 34). 

Officers, 

(See election officer; board of election;Supple¬ 
mental Index list on inside of front cover). 
Official ballot, (see ballot). 

Opening and closing the polls, 

(See sec. 1160, 1162, 1163, 1164, found in 
Supplemental Index, page 130). 

Before opening, board and officer to 
be sworn, sec. 1148, page 134. 

’ Ordinances, 

(See Supulemental Index list on inside of 
front cover). 

Overflow districts, page 455. 

Order, (see petitions), 
aper stock for ballots, (see also ballots), 
by whom furnished, sec. 1196, page 141. 
Party, 

(See Supplemental Index, page 254, 294). 
Affiliation, form of for declaring, sec. 

1366a, page 175. 

Conventions, 

(See delegates). 

Platforms, how formed, 

(See Supplemental Index, page 254, 294). 



464 


GENERAL 


INDEX. 


Penal code, 

(Index to, page 234). 

Laws of U. S., 

(See Supplemental Index, page 3). 
Petitions, 

(See particular titles). 

Political conventions, 

(See conventions). 

Meetings, penalty for disturbing, sec. 
58,59, page 42. 

Poll list, tally list, form of, sec. 1174, 
1175, page 136. 

Interfering with, a felony, sec. 45, page 
235. 

Number of used at special elections, sec. 
1151, page 134. 

Officer permitting tampering with or 
aiding in wrong doing, sec. 57a, page 
241. 

When not to be set aside for want of 
form, sec. 1175, page 136. 

Polls, opening and closing of, 

(See Supplemental Index, page 130; also Sup¬ 
plemental Index to particular titles on in¬ 
side of front cover). 

Posters, circulated with intention to in¬ 
jure candidate, sec. 62a, 62b, page 243. 
Polling places, voter to be notified loca¬ 
tion of, sec. 1210, page 154. 

Polygamists, denied naturalization, sec. 7, 
page 14. 

Precincts, 

(See Supplemental Index, page 130; also elec¬ 
tion precincts). 

President and vice-president of IT. S., how 
elected, 

(See Supplemental Index, page 294). 
Presidential electors, 

(See Supplemental Index, pages 170-174; also 
District Primary Law; Presidential Pri¬ 
mary Act). 

Primary Act, 

(See Supplemental Index, page 294). 
Primarv elections, 

(See Supplemental Index, page 170, 254, 294). 
Printing circulars injurious to candidate, 
see.' 62b, page 243. 

Ejection tickets, when unlawful, sec. 
62, page 243. 

Pamphlets or posters, when unlawful, sec. 
62, page 243. 

Protection districts, page 455. 

Public meetings, disturbin'* penalty for, 
sec. 58, 59, page 242. 

Utility districts, 

(See Supplemental Index, page 364). 
Utilities, 

(See Supplemental Index, page 364). 
Publication, (see newspapers). 
Punishment, 

(See Supplemental Index, page 234). 

Q ualifications and disability of voters, 
(See Supplemental Index, page 110). 

Of officers, (see officers). 

R ecall elective officers, sec. 1, page 67, sec. 

1083a, page 114, sec. 4021a, page 224. 
Reclamation districts, 

(See Supplemental Index, page 212, 422). 



Referendum, 

(See Supplemental Index, page 338). 

First powers reserved by people, page 
37. 

Petition for, sec. 1, page 37. 

Powers reserved to counties and cities, 
sec. 1, page 40. 

Registrar of voters, (see county clerk). 

Registration, 

(See Supplemental Index, page 110). 

Repeal of acts, 

(See Supplemental Index to particular titles on 
inside of front cover). 

Representatives to Congress, 

(See Supplemental Index, page 170). 
Residence, 

(See Supplemental Index, page 70, 156). 
Challenge on account of, sec. 1230, page 
157. 

How gained or lost, sec. 4, page 37. 
When absence does not affect, sec. 12, 
page 64, sec. 1239-1241, page 160-161. 
Returns of election, 

(See canvass of votes, canvass of returns). 
Roster of voters, voter to write his or her 
name and address in, sec. 1204, page 151. 
What to show, duty of election officer, 
sec. 1204, page 151, sec. 1264a, page 
164. 


Sanitary districts, page 455. 

Seamen, 

(See alien; naturalization). 

How admitted citizenship, sec. 2174, page 

23, 24. 

School districts, 

(See Supplemental Index, page 176, 392). 

Library districts, 

(See Supplemental Index, page 392). 

Secretary of state, 

(See also county clerk or registrar; the Direct 

Primary Law; Supplemental Index, page 170). 

Returns to be compiled by, exceptions, 
sec. 1290, page 169. 

To furnish ballot, sec. 1196, page 140, 
sec. 12, page 270. 

To issue certificates of nomination, sec. 
23, page 280. 

Senator, state office, 

(See sec. 225-229, page 105). 

u. s., 

(See Direct Primary Law; also Supplemental 
Index, page 170). 

Senatorial districts, page 75. 

Map of, page 74. 

Numbers of, how adjusted, sec. 6, page 
41. 

Sewer districts, page 455. 

Signatures, 

(See candidates; nominations; petitions; par¬ 
ticular title). 

Special elections, 

(See elections). 

Election districts, page 455. 

Election precincts, 

(See precincts; particular title). 

Election precincts, how established, sec. 
1133, page 132. 







GENERAL 


INDEX. 


465 


State central committee, 

(See party conventions; delegates; county 
clerk or registrar; The Direct Primary Law; 
Presidential Act). 

Supervisorial districts, 'boundaries of v how 
changed, sec. 4029, page 229. 

Supervisors, 

(See Supplemental Index, page 130; canvass of 
votes; canvass of returns; Supplemental In¬ 
dex, page 220). 

Publication of election proclamation, sec. 
1055, 1056, page 108. 

Supreme courts, election of justices, sec. 
3-4, page 43- 44. 

T ally lists, 

(See also poll-lists). 

Form of, sec. 1174, page 136. 

Names printed on, order of procedure, 
sec. 12, subd. 5, page 272. 

Want of form, sec. 1175, page 136. 

Tie vote, primary elections, how deter¬ 
mined in, sec. 26, page 284. 

For governor or lieutenant-governor, sec. 
1068, page 109. 

Proceedings on, sec. 1067, page 109). 
Tickets, 

(See ballots). 

Time, 

(See particular title). 

Title, 

(See ballots). 

Title commissioners, board of, sec. 1197, 
page 144. 

Township offices, 

(See also Direct Primary Law, Supplemental 
Index, page 220). 

How elected to office, sec. 5, page 48. 


Type, 

(See particular title). 

S v representatives, 

• (See representatives). 

U. S. senators, 

(See senator), 
acancies, 

(See particular titles). 

Verification deputies, 

(See Direct Primary Law; candidate; county 
clerk or registrar). 

Violations, 

(See Supplemental Index, page 234). 

Vote, right to, 

(See Supplemental Index, page 34). 

Voter, time allowed from employment, sec. 
1212, page 156. 

Allowed to write in name of person on 
ballot, sec. 1196, page 140. 

Assisting illiterate or helpless, sec. 1208, 
page 153. 

How to mark ballot, sec. 1205, page 152. 
Instructions to on ballot, 

(Sea ballots). 

List of, sec. 1229, page 157. 

Oath of, 

(See oath). 

Qualifications and disability of, 

(See Supplemental index, page 110), 
Voting, 

(See challenge of voter; election officers; 
boards of election; canvass of vote; canvass 
of returns; also Supplemental Index, page 
130, 156). 

Voting machines, 

(See Supplemental Index, page 302b 

Water districts, page 455. 

Watermark, (Seo ballots). 


V 

\ * V 




































X 




' - 










-1 . 














T&9 










, 










> 





























































































\ > 










» 












































• 






































































































































































LBN’U 




































r-\ . . 






































































